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Full text of "The Canadian historical review"

HANDBOUND 
AT THE 



Canadian 
Historical Eebieto 

NEW SERIES 

OF 

THE REVIEW OF HISTORICAL PUBLICATIONS 
RELATING TO CANADA 

(FOUNDED 1898) 

BOARD OF EDITORS 
A. H. U. COLQUHOUN R. M. MAClVER 

W. L. GRANT W. S. WALLACE 

H. H. LANGTON GEORGE M. WRONG 

MANAGING EDITOR 

W. S. WALLACE 



VOLUME II 

1921 



Published Quarterly 
At the University of Toronto Pr6ss" 



TABLE OF CONTENTS 



No. 1. MARCH, 1921 

NOTES AND COMMENTS - 

ARTICLES 

Nationalism and Self -Determination 
By W. P. M. Kennedy 

The Duke of Wellington and the Peace Negotiations at Ghent in 
1814 

By Colonel Dudley Mills, R.E. 
Privy Council Appeals in Early Canada 

By the Hon. W. R. Riddell - 
Side-Lights on the Attempted Union of 1822 

By Wlliam Smith 
Confederate Agents in Canada during the American Civil War 

By Wilfrid Bovey 

NOTES AND DOCUMENTS 

Baron de Gaugreben's Memoir on the Defence of Upper Canada 
Edited by H. R. Holmden 

CORRESPONDENCE 

REVIEWS OF BOOKS 

RECENT PUBLICATIONS RELATING TO CANADA 



No. 2. JUNE, 1921 



NOTES AND COMMENTS 



ARTICLES 

The Nature of Canadian Federalism 

By W. P. M. Kennedy 
The New Provincial Archives of Quebec 

By William Wood 
The Literature of the Peace Conference 

By R. Hodder Williams 



6 * 



19 
33 
38 
46 

58 
69 
74 
91 

103 

106 
126 
155 



NOTES AND DOCUMENTS 

The Brandy Parliament of 1678 

Edited by William Bennett Munro - - 172 

REVIEWS OF BOOKS - 190 

RECENT PUBLICATIONS RELATING TO CANADA - 206 

No. 3. SEPTEMBER, 1921 
NOTES AND COMMENTS - - 213 

ARTICLES 

Statistics in Canada 

By Gilbert E. Jackson - 216 

The Law of Marriage in Upper Canada 

By the Hon. W. R. Riddell - 226 

NOTES AND DOCUMENTS 

Edward Blake's Aurora Speech 

Edited by W. S. Wallace - 249 

REVIEWS OF BOOKS - 272 

RECENT PUBLICATIONS RELATING TO CANADA - 306 

No. 4. DECEMBER, 1921 
NOTES AND COMMENTS - - 313 

ARTICLES 

Democracy in Canada 

By George M. Wrong - 315 

Some Reflections on Anonymous Iconodasm 

By R. Hodder Williams 333 

The Gold Colony of British Columbia 

By Walter N. Sage - 340 

NOTES AND DOCUMENTS 

Eye-Witnesses' Accounts of the British Repulse at Ticonderoga % 

Edited by Captain C. E. Lart - 360 

The Petition of the City of Quebec to Queen Victoria in 1857 

Edited by Colonel William Wood - - 363 

REVIEWS OF BOOKS - 369 

RECENT PUBLICATIONS RELATING TO CANADA 404 

INDEX -------- - - 412 



Canadian 
&ebteto 



VOL. II. TORONTO, MARCH, 1921 No. 1 



NOTES AND COMMENTS 



THERE came on the market in England recently a small collec- 
tion of manuscripts of great interest to Canadians. These 
were some letters and other documents, relating to the British 
conquest of Canada, discovered among the papers of the Monckton 
family. The Hon. Robert Monckton, second son of the first 
Viscount Galway, was one of Wolfe's brigadiers at the Battle of 
the Plains of Abraham, -was wounded at the battle, and was later 
ordered south for his health. Among his papers have been pre- 
served, apparently, a number of letters between Wolfe and him- 
self, and, if one is to believe the cabled newspaper reports, the 
original of Wolfe's secret orders before the Battle of the Plains. 
It is these which have now been offered for sale. In the natural 
course of events, the proper resting-place for them would be the 
Public Archives at Ottawa. Unfortunately, the price asked for 
them a price fixed apparently with an eye single to the wealthy 
collector is so high that it must be questioned whether even the 
Archives would be justified in paying it, especially in these days 
when photostat reproductions of manuscripts and rare books 
can be made for only a small fraction of what it would cost to 
procure the originals. The original of an historical document is, 
of course, always preferable to a copy, since it is often only by a 
study of the original that the authenticity of a document may be 
established. But once the question of authenticity has been 
settled, a photostat reproduction is just as reliable as the original, 
and just as serviceable to the student. 

l 



2 THE CANADIAN HISTORICAL REVIEW 

It is perhaps permissible to doubt whether Canadian scholars 
and investigators always realize the great use of the photostat 
that can be made in connection with their researches. Those 
especially whose lines are cast in places remote from great libraries 
and important archives collections are often too apt to take it 
for granted that the material necessary to their researches is not 
available to them when, as a matter of fact, what they need 
may be procured with the exercise of a little patience. Not only 
manuscripts, but rare books and pamphlets, extracts from rare 
or inaccessible journals and newspapers, maps, diagrams, tabular 
statements no matter where they may be preserved can be 
photographed with absolute accuracy at a very low cost. Indeed, 
in many cases, even the use of the photostat is unnecessary. 
Under the modern system of inter-library loans, the original of a 
book, a pamphlet, or a map may be obtained, at the cost of postage 
or express, through the agency of the public library of the locality 
in which the student lives. In this way, it is hardly too much to 
say that both the manuscript and printed resources of the great 
libraries and archives collections, not only in Canada, but all over 
America and Europe, may be placed under contribution by an 
investigator in a small and secluded Canadian town. 



Before, however, the fullest use may be made of the facilities 
afforded by the inter-library loan system and by the photostat in 
research, it is essential that there should be a greater degree of 
co-operation and co-ordination, both from the national and the 
international standpoint, between libraries and archives depart- 
ments. If the student is to make use of the materials that are in 
existence, he must know where these materials are to be found. 
So far as archives collections are concerned, the problem has been 
at any rate partially solved by the publication of lists, calendars, 
and reports, such as the magnificent series of reports which the 
Public Archives of Canada have issued though, it must be con- 
fessed, even in this case the very magnitude of the series has 
introduced an element of difficulty for the student. In the case 
of libraries, however, it cannot be said that a solution of the pro- 
blem has begun to be reached. Whether it will be found to lie 
in the establishment at convenient centres of "union " or collective 
card-catalogues, or in a revival of the printed catalogues dear to 
a former generation (followed up by a periodical list of accessions), 
or in some other method, remains to be seen. But what is im- 
portant for Canadians to observe is that, in Canada, the very 



NOTES AND COMMENTS 3 

core or heart of any system of national co-operation a National 
Library is lacking. As Mr. L. J. Burpee pointed out in the first 
volume of this REVIEW, in a most valuable article advocating the 
establishment of a national library, this fact places Canada in a 
class with Siam and Abyssinia. " None of the three has a National 
Library." For what the Canadian Archives have done, and are 
doing, one must express the most unbounded admiration and 
gratitude; but, after all, the Archives cover only one field that of 
purely Canadian history and even here they concern themselves 
primarily with documentary material. 



In this connection, especial interest attaches to the results of 
the meeting of the Fifth International Conference on Biblio- 
graphy, which met at Brussels in September, 1920. To the man 
on the street, nothing more dismal than a conference on biblio- 
graphy could perhaps be imagined; but no one who has thought 
at all deeply on the question of intellectual activity and research, 
no matter in what field it is carried out, can fail to appreciate the 
vital importance of bibliography. Where bibliography is neg- 
lected, whether it be in the field of historical or scientific or in- 
dustrial investigation, the investigator is inevitably handicapped 
by an ignorance of what has been done in other times, and what 
is being done in other places. The problem of making available 
to investigators everything of importance in connection with their 
subjects is what the International Conferences on Bibliography 
have attempted to solve; and among the recommendations made 
by this last conference are several which should be of interest to 
Canadians. No apology, it is hoped, is necessary for reprinting 
these recommendations here in extenso: 

I. Collections, Libraries, (a) That in each nation belonging to 
the organization the sum total of national intellectual production 
should be collected in a national depository (a unified central library 
or several libraries considered as parts of a system) ; (b) That for 
each branch or group of sciences an international depository should 
be established. 

//. Catalogues, (a) That in each country with the aid of 
national depositories the production of works (books and pamphlets) 
should be catalogued by author and subject; (b) A collective 
catalogue should be made according to the authors whose works are 
to be found in the principal libraries of the country. 

///. Bibliography, (a) That through an international organiza- 
tion (single bureau or several bureaus recognized as a system for 



THE CANADIAN HISTORICAL REVIEW 

this purpose) a bibliography be established for each branch of 
learning, which should be universal, international, and compre- 
hensive, with entries by authors and subject, and periodical articles 
published ffom time to time in all countries, (b) That measures be 
taken to utilize existing bibliographies and catalogues by connecting 
them into one unit, by means of additions, reprinting and indexes. 

IV. Summaries. That there should be established a general 
collection of resumes giving objectively an analysis of publications 
which are original contributions to learning. In order to facilitate 
this work, authors themselves might be requested to add resumes 
of their publications. 

V. Exchanges, (a) That in each country belonging to the 
organization a bureau of service should, be established, from which 
nationally or internationally publications of no commercial value 
(books, extracts, periodicals, reports, laws, official documents, etc.) 
could be exchanged promptly and without expense between authors, 
societies, universities, museums, libraries, parliaments, public ad- 
ministrations, etc. (b) That an international service should be 
established to facilitate the work of the national bureaus in con- 
trolling international service and in centralizing a complete collection 
of all publications exchanged. 

VI. Loans. That the scientific societies of every country 
belonging to the organization should, upon their own responsibility 
and by paying postage, be able to borrow directly from all public 
libraries works needed. 

VII. Publications. That for each branch of learning there 
should be established a complete system on national and inter- 
national bases, utilizing those works which already exist and supple- 
menting and co-ordinating them. This system should extend to all 
the needs of recording knowledge and information (periodical re- 
ports, treatises, alphabetical encyclopedias, scientific catalogues, 
annuals, histories, etc.). 

VIII. Unification of Codes. That for the establishment of 
collections, catalogues, bibliographies, resumes and publications, 
an international code of rules should be adopted, dealing with 
points necessary for co-operation and time-saving in the work; that 
rules should also be applied to the classification of authors and, as 
far as possible, to the standardization of sizes; that they should 
work towards the use of the card system, uniform classification and 
notation. 

IX. Organization and Co-operation. That to realize such a 
plan an appeal should be made for co-operation between existing 



NOTES AND COMMENTS 5 

organizations, official and public, and if these are not sufficient, new 
organizations should be established. 

One needs only to peruse these recommendations to realize how 
far Canada which, by the way, was not represented at the con- 
ference is lacking in even the rudimentary elements of what 
might serve as a sort of intellectual clearing-house. 



The names of the contributors to this REVIEW are perhaps not 
always familiar to readers of the REVIEW. For this reason, it has 
been decided to include regularly in this department a paragraph 
giving some information about the authors of articles. In the 
present number of the REVIEW, the first article, "Nationalism 
and Self- Determination", is by Professor W. P. M. Kennedy, of 
the staff in Modern History at the University of Toronto, an 
Irish scholar who came to Canada before the war, and who has 
edited a well-known and useful compilation of Documents of the 
Canadian Constitution. Colonel Dudley Mills, the author of the 
paper on "The Duke of Wellington and the Peace Negotiations 
at Ghent in 1814", is a British engineer officer, who has a connec- 
tion with Canada through the fact that his wife is a daughter of 
the late Sir Henry Joly de Lotbiniere, and who has already made 
at least one highly important contribution to Canadian history, 
a paper entitled "British Diplomacy in Canada", published in 
United Empire, October, 1911. Mr. Justice Riddell, who writes 
on "Privy Council Appeals in Early Canada", is one of the High 
Court judges of Ontario, and an historical student whose occa- 
sional papers are well known for their research and erudition. 
Mr. William Smith, who throws some "Sidelights on the At- 
tempted Union of 1822", is secretary of the Public Archives at 
Ottawa, and the author of an important History of the Post-Office 
in British North America, which has just been issued from the 
press; and Mr. Holmden, who puts in print an interesting docu- 
ment throwing light on the origin of the Rideau Canal, is also an 
official of the Archives. Mr. Wilfrid Bovey, the author .of the 
paper on "Confederate Agents in Canada", is a Montreal 
barrister. 



NATIONALISM AND SELF-DETERMINATION 



" Another cause of revolution is difference of races which do not at once acquire a 
common spirit: for a state is not the growth of a day, neither is it a multitude 
brought together by accident." ARISTOTLE, Politics, v. 3. 

I 

PHE casual observer to-day cannot miss the countless cures 
* offered to the diseased body politic which bear no scientific 
imprint, no professional recommendation. Whatever the reason, 
the slow processes of careful investigation, of philosophical 
analysis, and of gradual reconstruction, are giving way to patent 
medicines, of which the most prominent is the political shibboleth, 
the clever catchword, the neat sentence, the aphoristic bon mot. 
As a matter of fact, political science can least of all afford the 
quack, the medicine vendor, the dilettante. In physical science 
work and progress are by comparison easier. The physical scien- 
tist deals at least with a limited world the world of matter and 
one more uniformly safe in its manifestations. The world of 
political science is subtle, elusive, tantalizing, and volcanic. The 
political scientist's metier is the human will, in all its inner and 
outward activities, its ebb and flow; and his subject-matter is as 
limitless as the human spirit. Nowhere else are patient thought, 
diligent research, unwearied discipline, and tentative conclusions 
more necessary, for here is the very bedrock of the social fabric 
the security of the individual, of the family, of the social and 
political group, of humanity itself. In this delicate laboratory 
there is continual danger, for the subject-matter of the experi- 
ments is drawn from the sobs of idealists, the tears of statesmen, 
the palpitating heart-throbs of reasoners, the kaleidoscopic march 
of humanity from the beginning of time. The cures that come 
are few. Everything that leaves this great fascinating workshop 
is almost experimental. The language, too, of the political 
scientist is judicial and undogmatic. It shares, as it were, some- 
thing of the provocative quest, of Merlin and the Gleam. 

The world, however, is to-day impatient of the gradual methods 

6 



NATIONALISM AND SELF-DETERMINATION 7 

of science. It seeks quick returns and looks at science as a kind 
of "universal provider". As a consequence, it turns in politics 
to quacks, who provide it with such modern cures as: "Govern- 
ment of the people, by the people, and for the people"; "Make 
the world safe for democracy"; "The right to vote"; "Nation- 
ality"; "Self-determination." There is now an excuse ready for 
everything. "Government of the people, by the people, and for 
the people" may be the defence of class government. "Making 
the world safe for democracy" may sanction the modern "red 
fool-fury of the Seine." "The right to vote" may numb voting 
as a function of living citizenship. "Nationality" may become 
the pharisaical " I thank thee, God, I am not as other men," and 
may block the path to any higher human synthesis, any nobler 
social solidarity. "Self-determination" may cover everything, 
from the factious and recalcitrant child sulking in its nursery 
kingdom, to the elemental chaos of a group pouting in the twilight 
of the past, or calling into being the hell of civil war. There is 
need to-day of some clearing of the ground. We cannot make 
phrases take the place of hard thinking nor make confusion do 
duty for clearness. Some attempt at definition is necessary, if 
we are to be saved from going back in politics. For it must be 
remembered that in politics, as in moral character, there is no 
static condition ; and there is just the danger that we may mistake 
movements for progress, and confuse activity with advance. 

II 

Seeing then that truth consisteth in the right ordering of names in our affirmations, 
a man that seeketh precise truth had need to remember what every name he uses 
stands for; and to place it accordingly; or else he will find himselfe entangled in 
words, as a bird in lime-twiggs; the more he struggles the more belimed." 

HOB BBS, Leviathan, 1, 4. 

In turning then to consider nationalism and self-determina- 
tion, an effort must be made at definition. We shall see how 
difficult is the definition of either "inclusive and exclusive", as 
the Schoolmen would have said. At the same time some attempt 
is necessary if we are not to add to the already large confusion of 
political thought. Indeed this confusion is largely due to the 
inconstant and fluctuating use of terms. For example, nationalism 
is used at one time for patriotism, at another for racialism two 
social facts which are sometimes incompatible or antagonistic. 
Nationalism is also sometimes regarded as synonymous with 



8 THE CANADIAN HISTORICAL REVIEW 

nationality, though it is clear that nationality is frequently used 
in a semi-legal sense which could not be included under the term 
nationalism for example, in a passport or in the returns of the 
census. It is evident then that if we are to make any progress 
at all we must try to use clear terms in writing of nationalism 
and of self-determination. 

It is true, of course, that many writers seek to avoid an effort 
after clearness of meaning thus adding to the confusion. Lord 
Cromer avoids the problem of definition in his preface to Mr. 
Arnold Toynbee's The New Europe, taking refuge in the formula, 
Definitio est negatio. Professor Ramsay Muir, in his Nationalism 
and Internationalism, has pronounced nationalism to be an elusive 
idea of difficult definition: "It cannot be tested or analysed by 
formulae such as German professors love." It is undoubtedly 
true that the term is difficult, but we shall do well to make some 
attempt at a definition, especially as the very confusion which has 
already arisen is largely responsible for the growing ambiguities 
of meaning. At any rate such an attempt will eliminate the use 
of the word in some sense not present in some individual reader's 
mind. 

What then is nationalism? It is obviously a kind of "common 
spirit" that to which Aristotle refers in his Politics. A further 
distinction however is necessary, as there are varieties of common 
spirit : that of a regiment or university ; the community of feeling 
which belongs to a fraternal society; the brotherhood of labour 
manifested in guild or trade union, or the cementing ethos of a 
church or religious foundation. The common spirit which ani- 
mates such organizations has clearly nothing to do with nation- 
alism. We are compelled to seek in the common spirit of nation- 
alism some distinctive and distinguishing feature. We may seek 
that feature in history. An examination of the historical pheno- 
mena of nationalism will disclose many factors which have con- 
tributed to it in different generations and in different continents. 
We can trace in the development of Aristotle's "common spirit" 
many varied forces at work racial or supposed racial solidarity; 
a common language; a common religion; common economic back- 
grounds ; a common history or tradition ; common political ideals ; 
common political institutions; a common home often possessing 
a certain geographical unity. But are any of these factors common 
factors? 

Racial solidarity is not everywhere a feature of nationalism. 
In Europe it is largely a myth. It is possible to describe feeling 



NATIONALISM AND SELF-DETERMINATION 9 

between white man and black man or yellow man as racial antag- 
onism; but from the ethnological point of view, there is to-day 
among the European peoples hardly one which is not of mixed 
racial origin. Italy, where one of the strongest national move- 
ments of modern times arose, is the home of most composite races. 
Germany is a blend of Teuton and Slav and Celt. Greece repre- 
sents almost every race in Europe. The greatest modern nation 
the United States is merely re-enacting in race assimilation what 
has been going on in European states for centuries. 

Identity of language which is popularly confused with 
identity of race has undoubtedly contributed to nation-building, 
but he would be a fool-hardy historian who would call it an essen- 
tial element. The Scottish people are a nation, tliough they speak 
both English and Gaelic. The Belgians are a nation though they 
speak both French and Flemish. The Swiss are a nation, though 
actually tri-lingual. 

The diversity of tongues does not discount the reality of 
American nationalism. We can dismiss identity of language along 
with a common religion. The latter has brought its gifts to the 
building of nations; but religious varieties have often been most 
prominent where nationalism has been strongest and most 
vigorous. 

Nor can we explain nationalism by common economic interests. 
These lie behind much in^human history, and example^ are not 
wanting of their influences in nationalist movements. Their 
influences can be seen indirectly at work in the American Civil 
War, and more directly we can find them at work in the Zollverein, 
with Prussia at its head, which laid the foundations of the modern 
German Empire. On the other hand, it would be hard to find 
common economic interests at work in the fusion of the Thirteen 
Colonies out of which the American nation was born. Indeed the 
nation, as an economic unit, largely exists artificially through the 
influence of protective tariffs. 

It would be possible to examine common history and common 
traditions and to find that they are not the common factors which 
we have been seeking. The nationalism of the North American 
continent, for example, owes little to the past. Nor will common 
political ideals satisfy our inquiry they have not been essential. 
Legitimists, Bonapartists, Republicans and Socialists have shed 
their blood impartially in the cause of French nationalism to 
save the French nation. 

It is when we come to think of a common territorial home that 



10 THE CANADIAN HISTORICAL REVIEW 

we seem to be reaching securer ground. This is a factor common 
to all varieties of nationalism if we except the Jews. And even 
here it is significant that where Jewish nationalism is most real is 
among the Zionists, who look to Palestine as the home of their 
national aspirations. Everywhere else nationalism links itself 
up with a fatherland, a country, which need not necessarily be a 
"gee graphical unity". Neither the Polish nation nor the Rou- 
manian has natural boundaries. All that the nationalist spirit 
demands in the ultimate analysis is that it should have a territorial 
hcme round which its aspirations may gather, a common hearth 
on which the sacred fire may be kept aglow and burning. Other 
factors, as we have seen, may contribute; but as often as not 
they rob nationalism of its fairest blooms. 

Nationalism in its simplest terms seems to demand nothing 
more than a common spirit, whatever factors may combine to 
form it, and a common patria. This common spirit, too, is not 
merely on fire it is glowing with a flame that burns but does not 
consume the hearts in which it rules. For no embers, however 
bright, will start a national conflagration. No common-day 
community spirit has national creative force. The Yorkshireman, 
the Devon man, the Nova Scotian have common spirits and 
common homes; but no one would confuse Yorkeshiremen, 
Devonians, Nova Scotians with nations. There are then diversities 
of common spirits. There is that which can, without offence, be 
called localism or provincialism, which expresses itself in the 
everyday activities of a narrow social group in a narrow geo- 
graphical area ; and there is that higher type which we call nation- 
alism, to which Mr. Zimmern applies the test, Will men die for it? 
Yorkshire and Devon and Nova Scotia are fair to see, and to their 
citizens they bring hallowed ties, precious associations, sacred 
memories; but before the wider challenge of England and of 
Canada they are little. The common spirit which we know as 
nationalism is of such intensity that it consumes the lesser loves as 
it takes up the gauntlet of defying death. Nationalism then is a 
common spirit, almost uniformly related, to a fatherland ; and it is 
of such consuming force that men will gladly die to preserve it 
and the patria, which is its outward and visible expression. 

This conception of nationalism covers most cases; but while 
appearing to solve one problem it creates another. A moment's 
thought will show that there may be two or more nationalisms 
for which men would die. A Scotchman would perhaps be willing 
to die for Scotland, an Ulsterman for Ulster; both have died for 



NATIONALISM AND SELF-DETERMINATION 11 

the British Empire. A French Canadian might be willing to die 
for Quebec, for Canada, or (as many of them have done) for the 
British Empire. It would seem then as though there might be a 
nationalism within a nationalism. Or rather there seems to be 
such a thing as a super-nationalism, in which two or more nation- 
alities may merge without losing their identity as English, 
Scotch, Welsh nationalities have merged, distinct but one, in 
British super-nationalism. 

Whatever objections may be levelled against these definitions, 
I hope that I have made clear what I mean when I speak of 
nationalism. Patriotism is not meant for that, after all, is indi- 
vidual devotion to the political state in which a man has been born 
or to which he has transferred his allegiance. There was abund- 
ance of patriotism in the Roman Empire, but little nationalism. 
Neither do I mean racialism,, nor linguistic or religious bonds, nor 
even local feeling. Nationalism may partake of the character of 
any or of all of these. Above all that exclusive political fanaticism 
is excluded which thinks of the world too exclusively in terms of 
boundaries, in terms of invidious comparisons, or in terms of mere 
tolerance. Nationalism is a separate and peculiar form of corpo- 
rate consciousness. For the moment I shall leave it there. 



Ill 

" National aspirations must be respected .... 'Self-determination' is not a mere 
phrase. It is an imperative principle of action which statesmen henceforth will ignore 
at their peril." President WILSON, Address to Congress (1918). 

"The theory of Nationality is more criminal and absurd than the theory of 
Socialism." Lord ACTON, Nationality (1862). 

We can now turn to consider the fruits of nationalism. Indeed 
there have arisen so many divergencies of opinion especially in 
connection with its relation to the state, that the functions of 
nationalism must be examined. Are its influences good or evil? 
Are they mixed? How can its evils, if any, be eliminated? 

The diversity of opinions with regard to nationalism is ex- 
cellently illustrated by the words of Mr. Wilson and of Lord 
Acton at the head of this section. The former has proved himself 
not only in his state-papers and public utterances, but also by his 
actions at the Peace Conference, to be a strong and convinced 
believer in nationalism. Indeed he appears not only to be its 
high-priest but also its preaching friar. If the aspirations of 
nationalism are recognized, if the map of the world is rearranged 



12 THE CANADIAN HISTORICAL REVIEW 

along nationalistic lines, the result will be the reduction to a 
minimum of the possibilities of war, and the coming of a genuine 
era of peace and good- will. On the other hand and at the other 
extreme is Lord Acton, a judge of no less weight, who believed 
that the fruits of nationalism were evil. By "the theory of 
nationality" he meant the doctrine that national feelings should 
be the basis of statehood; and this doctrine he had no hesitation 
in pronouncing "criminal" and "absurd". 

Superficial thinkers might be inclined to put down the extreme 
difference of opinion between these two thinkers to a conflict be- 
tween the ideas of the nineteenth and twentieth centuries ; between 
mid- Victorian obscurantism and this age of Reason and Light. 
It is true that the statesmen of the nineteenth century, both at 
and after the Congress of Vienna, frequently ignored national 
aspirations, whereas the statesmen of the Peace Conference seem 
deliberately to have made an attempt at satisfying them, until 
the impossibility of their task either wearied them, or a waiting 
world awoke them to realities, and they did not finish the work. 
But, in reality, the conflict lies deeper and is more fundamental 
than the difference between two generations. It is a profound 
difference between vital schools of thought which we have with us 
to-day, and it runs through most of the recent political literature. 
On the one side, for example, is Professor Ramsay Muir who has 
expressed, in his Nationalism and Internationalism, views similar 
to President Wilson's: "If the whole map of Europe could once 
be completely and satisfactorily divided on national lines, there 
might be good hope for a cessation of strife. " On the other side, 
Mr. Zimmern, in his essays on Nationality and Government, has 
contended with no less emphasis than Lord Acton that "political 
nationalism does not make for tranquility. It is too self-centred. 
It has too little sense of the community of nations". Nor is the 
conflict merely one between political theorists. Gabriele d'An- 
nunzio, Jan Paderewski, Eamonn de Valera, and Henri Bourassa 
all men, by the way, of literary and artistic temperament are 
attempting to put into practice a belief that nationalism is a force 
making for good. While at the other extreme of action are Nicolas 
Lenin and his confreres whose movements are governed by the 
belief that nationalism is the veritable sin against the Holy Ghost. 

If a poll were taken of the public opinion of the world, the 
overwhelming majority would doubtless be on the side of President 
Wilson, Professor Ramsay Muir, and the other nationalists. It 
has become an axiom of popular political thought that the function 



NATIONALISM AND SELF-DETERMINATION 13 

of nationalism is the creation of nation-states states in which 
the frontiers of national feeling and national government coincide 
and that every nation has an inherent right to a separate 
political existence, the right of "self-determination". It is hardly 
necessary to point out that this fact is no argument in favour of 
nationalism, for the overwhelming majority of people have very 
frequently held false views. But we can suppose, for the sake of 
simplicity, that nationalism's chief end is the creation of the 
nation-state. Whither are we led? Is nationalism, under this 
view of its mission, to be the angel of peace in the world, as 
President Wilson and Professor Muir believe; or is it going to 
bring about, as in the view of Lord Acton and Mr. Zimmern, a 
worse condition? Are the hopes of the Irish, the French-Canadian, 
the Italian, and Polish nationalists, as directed towards the nation- 
state, making for the reduction of friction in the political machin- 
ery; or are they, as the internationalists think, the ravings of 
doctrinaire idealists who would put back the clock of progress? 
Whatever answer history will give to these questions when the 
winnowing of the years is over, there are at least certain rather 
obvious objections to the nation-state, to "self-determination". 

First, to apply the idea to the map of Europe to-day would 
be a task of grave difficulties. Professor Masaryk, the distin- 
guished Czech nationalist, estimates that there are in Europe at 
this moment sixty-eight distinct nationalities. Yet even now, 
after all the efforts of the Peace Conference, there are still less 
than thirty "sovereign" states in Europe, and of these hardly 
half are nationally homogeneous that is, contain no considerable 
admixture of other national elements. If the nationalist ideals 
are to be carried out, there remains in Europe a Herculean political 
labour. To rearrange the map of Europe in nation-states would 
bankrupt the intellect of the world; at any rate the very concep- 
tion staggers the imagination. But let us suppose a general 
attempt being made along honest lines to transform national 
units into separate states. How are the boundaries of these 
nationalities to be determined? There are many districts in 
Europe where two or three national elements exist side by side 
how is the boundary line in such cases to be drawn? As the result, 
say the exponents of nationalist theory, of a plebiscite, in which 
the opinions of the majority shall obtain. Thus then "the right 
of self-determination" seems to disappear as a right, and takes its 
place in a mechanical theory of head-counting. 

Let us suppose, however, that such a plebiscite is taken. It is 



14 

evident that great care will be needed in selecting the precise area 
of the plebiscite ; for the inclusion of a little territory on the one 
side or the other will often be sufficient to turn the scale. There 
will be grave dangers of gerrymandering. But granted that the 
vote is fairly and honestly taken, what will be the result? A 
small, a hopelessly small, minority of one nationality will be 
included in a state entirely dominated by another nationality. 
A fringe of Germans, for example, will be included, willy-nilly, in 
a Czecho-Slovak nation-state; a remnant of Slavs will be herded 
into an Italian nation-state. What will be the position of this 
minority? They will be a negligible quantity; they will have no 
influence in the policy of the state, or, at any rate, much less 
influence than if they were a minority of a respectable size; being 
out of harmony with the dominant nationalist ideals of the state, 
they will be an alien, a subordinate, and possibly a persecuted 
people. 

This brings us to the second apparent objection to the idea of 
the nation-state. Even if it were possible to make nationality 
everywhere coincident with statehood the idea would be funda- 
mentally and essentially unsound. To identify the nation and 
the state is to make nationalism the basis of the state; and, where 
this is done, nationalism takes the place of those universal prin- 
ciples of justice and humanity on which the ideal state should be 
founded. It is not denied that nationalism may be both just and 
humane, but many nationalisms in the past have been unjust 
and inhumane the Turks in Armenia, the Germans in Poland 
and Alsace-Lorraine, the English in Ireland. Indeed, Lord Acton 
declared that the theory of the nation-state is "a confutation of 
democracy ", since it substitutes for democracy another principle 
a principle, too, which is neither universal nor essentially moral, 
but is accidental and arbitrary. A state must be deeper based, 
under peril of disaster. 

For nationalism is indeed fickle, as are all things of the spirit. 
No plebiscite can fix its moods. The plebiscite of to-day is not 
that of to-morrow. A popular vote in Ulster during the American 
Revolution might have disclosed a sorry enough opinion of England 
and something quite different from to-day's strong attachment. 
A popular vote in Belgium in 1815 might have revealed a majority 
in favour of incorporation with Holland, a decision which would 
have been opposed to the popular opinion of 1830. During the 
war between the Balkan League and Turkey in 1912, a plebiscite 
in the Balkans might have resulted in favour of a Balkan Con- 



NATIONALISM AND SELF-DETERMINATION 15 

federation an impossibility a year later. Over and above 
changes like these, there is the ceaseless ebb and flow of population 
to consider the expansion and the contraction of nationalities. 
Unless the map of the world is to be deliberately tinkered with, 
as nationalism changes spiritually and physically; unless we are 
to revise boundaries for each nation-state on some regular basis, 
such as the decennial census, we must find some more stable basis 
for the state than the fluid and changing lines of nationalism. 

Nor can national feeling be given the chief consideration in 
the making of frontiers. There are military and economic con- 
siderations, which are at least practical issues, whatever we may 
hope for in the future. A state has a legitimate grievance, if its 
boundaries, by arbitrary arrangement, place it in a position of 
weakness. When France lost her strategic frontier in 1871, la 
revanche became a national passion. Not a little of the anger in 
Canada over the Alaskan Boundary Award was due to the fact 
that it gave to the United States two small islands which com- 
manded the entrance to a future Canadian port and railway 
terminus. In any case, it must be admitted that natural boun- 
daries are more permanent than national lines. Similarly a state 
has a grievance with regard to trade if it be placed in an inferior 
position to its neighbours. The most striking illustration is the 
decision of the Peace Conference with regard to the Poles and to 
the Jugo-Slavs, who must have access to the sea as the inter- 
national highway. 

It is sufficiently clear that the idea of the nation-state the 
idea that national and political lines must coincide is not only 
impracticable, but fundamentally unsound. In the initial stages 
of its application it is charged with friction, and in its logical con- 
clusions it is more likely to turn the world into a slaughter-house 
than into a paradise. We must admit with regret for the sin- 
cerity of President Wilson and his group need not be doubted- 
that political nationalism will not work all the wonders which 
have been claimed for it. On the other hand, we must not rush 
into extremes and, with the international group, pronounce it as 
a crime against civilization. Here is something which has blos- 
somed into love for country ; which has gilded history with count- 
less deeds of valour, endurance, self-sacrifice, and immortal 
heroism ; which has inspired the noblest poetry, the most pregnant 
prose, the most enchanting music. We cannot dismiss such a 
force with a flourish of the hand, or bow it out with punctilious 
and conventional ceremony. Nationalism is here a present fact 



16 

to be reckoned with. It cannot be abolished by order any more 
than religion. The subjective is outside prohibition. If then it 
betrays dangerous or anti-social tendencies, the best that we can 
hope for is to check them not so much by correctness of principle 
or goodness of intention, but by the development of human 
character and the widening of human wisdom, which seems to 
point to the diverting of national feeling from the foam and fury 
of political channels to those in which nationalism has best served 
humanity. For it is obvious that the trouble with nationalism 
lies in its political aspect in the idea that the state and the nation 
are one. Elsewhere there are spheres in which nationalism can 
express itself with less danger indeed with advantage to the 
world. It may find expression in literature as it did in the 
spacious days of Queen Elizabeth, in the Young Ireland poetry 
of 1848, and in a degree in the modern Irish literary movement 
or in music or in art. It may inspire national industrial efficiency, 
scientific research, geographical exploration, educational advance, 
social reform. Indeed there is no principle of progress which 
nationalism may not adopt and to which it may not give indi- 
viduality, the vitalizing force in any group of human activities. 

But a recognition of mere obvious facts will not help us com- 
pletely to get rid of the dangerous tendencies in political national- 
ism. To do this it will be necessary to examine more closely the 
symptoms which political nationalism displays. It seems, on 
observation, to operate in either of two ways as a unifying or as 
a disruptive force. It may achieve Italian, Canadian, German, 
Australian, and South African unity, or it may shatter the empires 
of Austria-Hungary, Turkey and Russia and give birth to the 
separatist movements in the Southern States and in Ireland. Its 
power as an agent of unification may seem a good thing; of dis- 
ruption, a bad thing. But reflection will show that such general 
conclusions are unsound. National unification has often been 
achieved at the cost of grave injustice to other nationalities, and 
even by a policy of "blood and iron " ; and when achieved, it has 
often led to jingoism, to militant imperialism, even to attempts 
at world power. England, the oldest of nation-states, in the 
fourteenth century attempted to subjugate the people of France 
and Scotland, after having achieved English unity. Something 
similar is seen in the case of Spain in the sixteenth century, in the 
case of France under Napoleon, and in the case of Germany in 
1914. This type of nationalism, which has not infrequently re- 
sulted from a successful movement towards national unity, can 



NATIONALISM AND SELF-DETERMINATION 17 

hardly be said to make for the world's peace. On the other hand, 
there have been national movements of a disruptive kind which 
even a pacifist could not condemn the Dutch War of Inde- 
pendence, and the Greek War of Liberation, for example, which 
were directed against the forces of soul-destroying tyranny. 

But though political nationalism has not been an unmixed 
blessing in its unifying form, nor everywhere a curse in its separa- 
tist form, it seems probable that, on the whole, nationalistic move- 
ments, where the federal idea has been at work, have been pro- 
ductive of more good than separatist national forces. No one, 
unless he is still living in the eighteenth century, can fail to regret 
the secession of the Thirteen Colonies from England in 1776; and 
yet there are few who can fail to admire the formation of the 
United States of America in 1789. One looks with dismay on the 
chaotic by-products of Sinn Fein in Ireland, and with joy on 
such fruits of union as exist in South Africa. Why is this? Is it 
not because in the case of the union of the United States of America 
and of the South African provinces there went, hand in hand with 
nationalism, compromise, toleration, conciliation, and good-will 
to a much greater degree than most people have imagined; and 
because in the case of both the American Revolution and of Sinn 
Fein, nationalism has betrayed an irreconcilable and uncom- 
promising attitude possibly in more than one quarter? In its 
better phase nationalism is willing to negotiate, to give and to 
take, to see other points of view. 

We must get rid of the delusion that there is not room in the 
state for more than one variety of national feeling. It would be 
well indeed if we could grasp the idea that a state which is nation- 
ally homogeneous is perhaps in a less fortunate position than a 
state which contains two or more heterogeneous national elements. 
The nation which coincides with the state is too liable to become 
intolerant, to make nationalism the basis of the state; but the 
state in which there is a variety of national feeling is forced to 
learn in the school of experience lessons which will prove useful 
in world issues. A state, too, which contains varied national 
elements will have the advantage of healthy rivalries among its 
component national types, and may be the means of creating a 
higher national feeling a supernationalism, such as has been 
referred to, in which toleration will be the essential feature that 
higher type of nationalism which is found in the "common spirit" 
of the British Empire, with its amazing varieties of national life. 

This idea of a supernationalism opens up a vista of dazzling 



18 THE CANADIAN HISTORICAL REVIEW 

possibilities. If pushed far enough it ends in the idea of world- 
nationalism, or internationalism, in the idea that the inhabitants 
of this earth, having a common home, should have a common 
spirit. It was Mazzini, one of the greatest of nationalists, who 
said, "National life and international life should be two manifesta- 
tions of the same principle, the love of good. " Mr. Zimmern resets 
the same idea: "The road to Internationalism lies through Nation- 
alism, not through levelling men down to a grey indistinctive 
Cosmopolitanism, but by appealing to the best elements in the 
corporate inheritance of each nation." 

W. P. M. KENNEDY 



THE DUKE OF WELLINGTON AND THE PEACE 
NEGOTIATIONS AT GHENT IN 1814 



AT the beginning of 1814, four countries in Europe and America 
were waging three distinct wars. Great Britain and France 
had been continuously at war since May, 1803. In June, 1812, 
the United States had declared war on Great Britain because of 
her infringement of neutral rights, and from other motives. And 
during the same month, Napoleon had begun the invasion of 
Russia. In October, 1813, Napoleon was decisively defeated at 
the battle of Leipsic. In April, 1814, the Allies entered Paris, 
Napoleon abdicated, and two out of the three wars came to an end . 
The third between Great Britain and the United States went on 
for another eight months, because Great Britain felt strong and 
angry and wanted revenge. 

The British policy of April, 1814, was "to give Jonathan a 
good drubbing "- 1 Such a policy was naturally popular in England. 
In June, 1812, the United States had declared war on Great 
Britain under the impression that Napoleon was winning. Madi- 
son admitted in later years that he had put his money on the 
wrong horse. To the Americans British maritime claims were 
offensive, British diplomacy irritating. Monroe had suffered 
much while minister in London. Clay, the champion of the West, 
was convinced that he could dictate the proper course to the over- 
wise men of the East, with their commercial ideas. Madison 
followed the advice of Monroe and Clay, and hoped that by 
declaring war the United States would smash British pretensions 
and establish American rights both on sea and land. 

Well-equipped historians can always extenuate, and sometimes 
justify, the errors of statesmen by calling up from the past the 
errors of previous statesmen. Responsibility can thus be dis- 
tributed over several generations, and a fair defence can be raised 
for any given action, whatever be the motive at the time high- 
minded foresight, blind fanaticism, pure ignorance, or even deadly 

1 Wellington Supplementary Despatches (London, 1862), vol. IX, p. 58. 

19 



20 THE CANADIAN HISTORICAL REVIEW 

hatred. Britain wanted revenge in 1814 because the United States 
had tried to stab her in the back in 1812. The action of the United 
States in 1812 was due largely to British claims since 1805, and 
further back to the bad feeling on both sides from 1763 to 1783; 
and so on till we fetch up at the Pilgrim Fathers in 1620. To sum 
up the series of mistakes, the historian would have to borrow from 
mathematics some infernal machine like the "binomial theorem", 
and would be excluded ever after from polite historical society. 

Though the policy of 1814 was as natural and as mistaken as 
all policies of revenge always have been and always must be, the 
motive power of the policy was not in the diffused national feeling 
but in the definite interests of the Canadian fur-traders. The 
Montreal fur-traders and their London friends had inherited the 
fur-trading interests which had been in French hands till 1763. 
They had been disgusted at the Treaty of 1783, with its inter- 
national boundary line giving the new republic all land to the 
south of the great lakes and the 49th parallel. They had managed 
for some years after the treaty to hang on to the trading posts 
south of the boundary line, which by the treaty should have been 
at once relinquished. But now in 1814 a new situation had arisen, 
and it was felt the time had come to rectify the errors of the 
Treaty of 1783. The boundary line must somehow be pushed 
south; the hunting grounds must be preserved. The Colonial 
Office, by deputations, memorials, pamphlets and general pressure, 
must be made to understand the matter and to act as required. 
Lord Bathurst, as secretary of state for war and colonies, acted as 
required. Lord Liverpool, the prime minister, approved as re- 
quested. Castlereagh, secretary of state for foreign affairs, then on 
the Continent, was apparently not consulted. Wellington was 
ordered to ship his army direct from Bordeaux to America, and a 
threefold attack was planned. The main advance was to be from 
Canada in the north. The Eastern coasts were to be raided. New 
Orleans was to be captured in the south. But suaviter in modo 
was to be combined with fortiter in re. While soldiers and sailors 
administered the drubbing, commissioners were to discuss at 
Ghent the terms of peace. Goulburn (who had been since 1812 
under-secretary at the Colonial Office, and who must have been 
fully informed as regards fur-trading views) was chosen one of the 
British commissioners. As the "drubbing" might take some 
time, the peace discussions need not be unduly hurried. 

During the summer of 1814, things went on more or less 
according to plan. In August, the commissioners met at Ghent, 



THE PEACE NEGOTIATIONS AT GHENT IN 1814 21 

and the British made proposals as directed in their instructions. 
The Americans objected, and the early collapse of the negotia- 
tions seemed probable. Castlereagh happened to pass through 
Ghent while the discussion was in progress. He thought the 
British commissioners too strenuous, told them to await further 
instructions from London, and advised Liverpool to climb down 
a little. He then continued his journey to Vienna, leaving Ameri- 
can matters to be dealt with hereafter by his colleagues in London. 
As Castlereagh had apparently no further influence on Ameri- 
can matters for the rest of the war, it is convenient to interpose 
here two quotations showing how well he understood not only 
American, but European matters. In 1807, as secretary of state 
for war and colonies, considering the defence of Canada, he wrote, 
"Were we to attempt to attack the United States by land their 
resources would be called forth, as formerly, by every exertion of 
power." 1 In November, 1814, while at the Congress of Vienna, 
he wrote: 

The great military powers should remember . . . that it is false 
as an universal principle that nations have a right in all cases to 
claim additional Territories in compensation for expenses incurred 
in War and much less under those circumstances which tend to ex- 
pose the military security of neighbouring and allied States. The 
peace of the World cannot co-exist with such a doctrine. Besides 
accession of territory altho' it may satisfy national ambition seldom 
fails to bring with it burdens and discontents fully equivalent to its 
resources. With these principles in view, if the allied powers act 
liberally towards each other and indulgently towards other states 
they may look forward to crown a glorious War by a solid and lasting 
Peace, and posterity will revere their names not only for having 
delivered by their arms the World from a Tyrant and Conqueror, 
but for having restored by their example and by their influence, 
the reign of moderation and justice. 3 

The London colleagues climbed down, reprimanding their 
commissioners for acting on instructions which did not act, and 
then awaited trans-atlantic news. During September came the 
news that Ross had raided Washington, and burnt the public 
buildings. During October came the news that Prevost had ad- 
vanced on Plattsburg and retired ignominiously before a very 
inferior force. 

1 Castkreagh Papers, ser. 2, vol. IV, p. 104. 

1 P.O. 92 (Nov.-Dec., 1814) : enclosure in letter of Nov. 5. 



22 THE CANADIAN HISTORICAL REVIEW 

The Plattsburg disaster was annoying, but it had no effect at 
the moment on British policy. On October 21, Bathurst wrote to 
Castlereagh telling him that the New Orleans expedition was 
being pushed on. The Plattsburg disaster, he wrote, "will put 
the enemy in spirits. The campaign will end in our doing much 
where we thought we should have done little, and doing nothing 
where we expected everything." On October 28, however, Liver- 
pool wrote to Castlereagh that "the war with America will pro- 
bably now be of some duration"; and he wrote on the same day 
to Wellington, "The last note of the American Plenipotentiaries 
puts an end I think to any hopes we might have entertained of 
our being able to bring the war with America at this time to a 
conclusion." 1 

On October 30, Wellington, writing to Bathurst, commented 
on the Plattsburg disaster: 

It is very obvious to me that you must remove Sir G. Prevost. 
I see he is gone to war about trifles with the General Officers I sent 
him which are certainly the best of their rank in the Army and his 
subsequent failure and distresses will be aggravated by that circum- 
stance; and will probably, with the usual fairness of the Publick, be 
attributed to it. 2 

An amusing instance of the "war about trifles" in which Pre- 
vost had engaged will be found in a general order he issued on 
August 23. "The Commander of the Forces has observed in the 
dress of the several officers of corps and departments lately added 
to this army from that of Field Marshall the Duke of Wellington 
a fanciful variety inconsistent with the rules of the service. His 
Excellency deems it expedient to direct, etc., etc." 3 In short, 
Wellington's officers had got very slack during the Peninsular 
campaign and required smartening up. Prevost's criticisms are 
fully confirmed by Professor Oman who explains that officers' 
dress (including his own) was a subject on which Wellington was 
quite indifferent. 4 

From the above account, it will be seen that up to the end of 
October the British government showed no intention of changing 
their American policy. The war would be longer, the cost greater, 
the parliamentary criticism more severe than originally antici- 
pated, but the policy was unchanged. 

1 Wellington Supplementary Despatches, vol. IX, p. 384. 
z Bathurst MSS. 

1 Kingsford, History of Canada, vol. VIII, p. 531. 
4 Oman, History of the Peninsular War. 



THE PEACE NEGOTIATIONS AT GHENT IN 1814 23 

It was not until November, 1814, that the change took place 
as the direct result of advice given by the Duke of Wellington 
under circumstances which will now be described. 

In April, 1814, on the termination of the war with France, 
Wellington, at the special request of the government, 1 accepted 
the post of ambassador at Paris. On April 30, he left Toulouse, 
and on May 4 he arrived in Paris "without notice, in time, in his 
blue coat, to see the Russian and Prussian guards defile by Louis 
XVIII." 2 After five days in Paris he returned to his army in the 
south, and then visited Madrid. On June 29 on his way back to 
England, he again visited Paris, and on that day wrote, "I don't 
think matters are in a very satisfactory state here. They appear 
smooth enough, but I understand there is a good deal of dis- 
satisfaction among all classes ; and I believe that the only security 
the government have is the fear all the other classes have of the 
military, and of their taking advantage of any disturbance to 
restore the authority of Bonaparte or of some other military 
chief." 3 

On June 23 he landed in England. During July, he visited 
Paris, for, on the 14th, Castlereagh wrote from Paris, "The Duke 
will assist at our conferences whilst his military duties do not call 
him from Paris". 4 At the end of July, Wellington was back in 
London, but it was not till August 9 that the Prince Regent signed 
his credentials. He travelled vid the Netherlands, and did not 
reach Paris till August 22. On September 30, he wrote to Castle- 
reagh, then in Vienna: 

I think we are getting a little unpopular in the town but I don't 
think that circumstance is of much importance. 5 
On October 2 he wrote to Bathurst: 

There has been some awkwardness in the town within these few 
days. . . . There have been some instances of ill treatment and rude- 
ness to strangers, particularly the English; principally, I believe, 
from disbanded officers returned from England and Russia as 
prisoners of war." 6 

On October 4 he wrote to Castlereagh that the hews of the 
British capture of Washington had "increased the ill-temper and 

1 Wellington Supplementary Despatches, vol. IX, p. 141. 

2 Wellington Supplementary Despatches, vol. IX, p. 64. 

3 Wellington Supplementary Despatches, vol. IX, p. 145. 

4 Wellington Supplementary Despatches, vol. IX, p. 162. 
6 Wellington Supplementary Despatches, vol. IX, p. 298. 
Wellington Supplementary Despatches, vol. IX, p. 301. 



24 THE CANADIAN HISTORICAL REVIEW 

rudeness with which in too many instances His Majesty's subjects 
are treated in this town." 1 

On October 17 he wrote to Castlereagh: 

There is certainly a good deal of uneasiness in the public mind 
at Paris, but I cannot discover any ground for it excepting the 
numbers of ruined and discontented persons there are in the town, 
who are certainly not discouraged from the execution of any scheme 
of mischief they may have in contemplation by the advice and 
example of their superiors. Even the Marshal and those in favour 
of the King do not scruple to express their dislike of the present 
system, and the shame they feel at finding themselves in the situa- 
tion in which they are. 2 

In spite of the inconveniences mentioned, crowds of English 
people visited Paris and among others Lord Harrowby, a minister 
in Liverpool's cabinet. He was in Paris at least a fortnight from 
October 12 to October 28. There was also a certain General 
Macaulay (brother of Zachary Macaulay and uncle of the his- 
torian), who had visited Paris in connection with the abolition of 
the slave trade. 

On October 23 Wellington wrote to Liverpool : 

General Macaulay will make you acquainted with what he has 
learnt of the state of Paris in regard to the Bourbons. My former 
letters and despatches will have shown you what I think on that 
subject. Without knowing more facts it appears to me that he 
considers the danger more certain and more likely to occur than I 
do; that is to say, he believes it certainly will occur within a very 
short period of time. I think it may occur on any night; but I 
know of no fact to induce me to believe it is near, excepting the 
general one of great discontent and almost desperation among a 
very daring class of men. 3 

On or about October 25 Macaulay left Paris and returned to 
London, but did not deliver Wellington's letter till October 30. 

On October 31 Macaulay wrote to Liverpool a most alarmist 
letter 4 urging the immediate recall of Wellington to England, on 
the ground that there might be at any moment a rising in Paris, 
and that Wellington might be arrested or that even "something 
more dreadful" might occur. Macaulay suggested that, as an 

1 Wellington Supplementary Despatches, vol. IX, p. 314. 

2 Wellington Supplementary Despatches, vol. IX, p. 346. 

3 Wellington Supplementary Despatches, vol. IX, p. 368. 

4 Wellington Supplementary Despatches, vol. IX, p. 401. 



THE PEACE NEGOTIATIONS AT GHENT IN 1814 25 

excuse for the recall, it might be pretended that Wellington's 
services were required in connection with the American war. Next 
morning (November 1) Liverpool saw Macualay, but thought it 
better to delay any action till he could see Harrowby, for both 
Macaulay and Hamilton (the under-secretary at the Foreign 
Office) had told him that Wellington meant to "open himself 
thoroughly on the subject to Harrowby." 

On November 2 Liverpool wrote to Castlereagh, "You will 
have heard from many quarters of the combustible state of the 
interior of France and the expectation which exists of some ex- 
plosion, " and he hopes that there will be no renewal of European 
War. 1 Of American affairs he says, "I see little prospect of our 
negotiations at Ghent ending in peace, and I am apprehensive that 
they will be brought to a conclusion under circumstances which 
will render it necessary to lay the papers before Parliament and 
to call for a vote upon them previous to the Christmas recess. 
Of this, however, I shall probably be enabled to speak more 
positively some days hence. The continuance of the American war 
will entail upon us a prodigious expense, much more than we had 
any idea of," and he goes on to caution Castlereagh against in- 
curring any further financial obligations in Europe. American 
policy would be discussed at the cabinet meeting the following day. 

On November 4 Wellington wrote to Bathurst : 

I see that the public are very impatient about the want of success 
in America, and I expect they will never be quiet until I go there. 
I think that matters are in such an uncomfortable state here, and 
they are so little settled in Congress, that you could not spare me 

out of Europe. 2 

On November 4 Liverpool wrote to Wellington, telling him he 
had "communicated all the particulars which have come to my 
knowledge to the Cabinet, who entirely concur with me in the 
opinion as to the expediency of your quitting Paris without 
delay." 3 

Liverpool then considers three alternative excuses which might 
be given for his quitting Paris, as the real reason must be neces- 
sarily concealed. 

The first excuse of recalling him to assist at some important 
court-martials would be of no use, as it could last for only about a 

1 Ibid. 

2 Wood (ed.), Select British Documents (Champlain Society, 1920), vol.1, p. 131. 

3 Wellington Supplementary Despatches, vol. IX, p. 405. 



26 THE CANADIAN HISTORICAL REVIEW 

fortnight. The second excuse is that, while remaining nominally 
ambassador at Paris, he should be sent to Vienna to help Castle- 
reagh at the Congress. The third excuse, and the one which 
Liverpool and his colleagues liked best, was that he should be 
recalled "to be appointed to the chief command in America, and 
that you should go out with full powers to make peace or to con- 
tinue the war, if peace should be found impracticable, with re- 
newed vigour. . . . The more we contemplate the character of the 
American war, the more satisfied we are of the many inconveni- 
ences which may grow out of the continuance of it. We desire to 
bring it to an honourable conclusion; and this object would, in our 
judgment, be more likely to be attained by vesting you with double 
powers than by any other arrangement which could be suggested." 
Liverpool offered Wellington the two alternatives of Vienna 
or America and concluded, "We are ready to place the decision 
entirely in your hands." "We only request that you will lose no 
time in leaving Paris." 

On the same day (November 4) Bathurst also wrote to Welling- 
ton in the same sense. 21 His letter was a personal appeal : 

I must beg you not to allow a sense of military duty to decide 
your conduct. The question is not whether you ought to accept the 
command when offered, but whether you think, as a statesman, that 
under the present circumstances, not of Paris exclusively but of 
Europe, it is better for the Duke of Wellington to go to Vienna or 
to America. If you accept the command now, there would arise 
the great advantage of your being invested with the double character 
of negotiator and commander-in-chief before the rupture of the 
existing negotiation. But pray decide (I must repeat) not as a 
soldier, but as a statesman. 

On the same day (November 4) Liverpool wrote to Castle- 
reagh 22 sending a copy of his letter to Wellington : 

The point of the Duke of Wellington's quitting Paris being 
decided, I confess I feel most anxious, under all the circumstances, 
that he should accept the command in America. . . . He would re- 
store confidence to the Army, place the military operations upon a 
proper footing, and give us the best chance of peace. I know he is 
very anxious for the restoration of peace with America if it can be 
made upon terms at all honourable. It is a material consideration, 
likewise, that if we shall be disposed for the sake of peace to give up 

1 Wellington Supplementary Despatches, vol. IX, p. 416. 

2 Wellington Supplementary Despatches, vol. IX, p. 404. 



THE PEACE NEGOTIATIONS AT GHENT IN 1814 27 

something of our just pretensions, we can do this more creditably 
through him than through any other person. . . . His appointment 
will in itself be sufficient to obviate many difficulties and much 
embarrassment at home. 

Wellington replied as a statesman. He wrote two letters to 
Liverpool, one on the 7th, 1 immediately on receipt of Liverpool's 
letter of the 4th, the other two days later, on the 9th, 2 stating his 
views more fully. He admits that he is in danger, but he objects 
to being hustled. "I confess I don't like to depart from Paris, 
and I wish the government would leave the time and the mode to 
my own discretion." Vienna is a bad excuse; there is no good 
reason for going there. The court-martial excuse would be 
better. He thinks his influence in Paris is becoming of more use 
to Castlereagh in Vienna, and he should not be withdrawn in a 
hurry. As regards America, "you cannot at this moment decide 
upon sending me to America. In case of the occurrence of any 
thing in Europe, there is nobody but myself in whom either your- 
selves or the country, or your Allies, would feel any confidence." 
He then gives his views on the American situation : 

I believe there are troops enough there for the defence of Canada 
for ever, and even for the accomplishment of any reasonable offen- 
sive plan that could be formed for the Canadian frontier. . . . That 
which appears to me to be wanting in America is not a General, or 
General officers and troops, but a Naval superiority on the Lakes. 
The question is whether we can acquire this Naval superiority on 
the Lakes. If we can't, I shall do you but little good in America; 
and I shall go there only to prove the truth of Prevost's defence, 
and to sign a peace which might as well be signed now. 
His opinion on the Ghent negotiations must be quoted in full : 

I confess that I think that you have no right from the state of 
war to demand any concession of territory from America. Con- 
sidering everything, it is my opinion that the war has been a most 
successful one, and highly honourable'to the British arms; but from 
particular circumstances, such as the want of the Naval superiority 
on the Lakes, you have not been able to carry it into the enemy's 
territory, notwithstanding your military succes, and now undoubted 
military superiority, and have not even cleared your own territory 
of the enemy on the point of attack. You cannot then, on any 
principle of equality in negotiation, claim a cession of territory ex- 



1 Wellington Supplementary Despatches, vol. IX, p. 422. 

2 Wellington Supplementary Despatches, vol. IX, p. 424. 



28 THE CANADIAN HISTORICAL REVIEW 

cepting in exchange for other advantages which you have in your 
power. 

I put out of the question the possession taken by Sir John Sher- 
brooke between the Penobscot and Pasamaquoddy Bay. It is 
evidently only temporary, and till a larger force will drive away the 
few companies he has left there; and an officer might as well claim 
sovereignty on the ground on which his piquets stand, or over which 
his patrols pass. 

Then if this reasoning be true why stipulate for the uti possidetis? 
You can get no territory; indeed the state of your military opera- 
tions, however creditable, does not entitle you to demand any; and 
you only afford the Americans a popular and creditable ground, 
which I believe their government are looking for, not to break off the 
negotiations, but to avoid to make peace. If you had territory, as 
I hope you soon will have New Orleans, I should prefer to insist upon 
the cession of that province as a separate article than upon the uti 
possidetis as a principle of negotiation. 

On November 8, parliament opened. In the Prince Regent's 
speech, the capture of Washington and the occupation of Penob- 
scot were referred to as successes, and in spite of the reverse at 
Plattsburg it was hoped that the ascendancy of the British arms 
would be established throughout that part of North America. In 
the debates, apart from the usual opposition criticism and govern- 
ment defence, both Lord Grenville and Baring described the 
United States as the aggressor in making war on account of im- 
pressment after Britain had repealed the orders-in-council. But 
Grenville deprecated the continuance of the war for revenge, and 
Baring thought it absurd to break off negotiations on questions of 
boundaries and " to go on a crusade for the reccnquest of America". 
Baring ridiculed the Penobscot expedition as "the triumph of a 
regular force over a defenceless village supplied only with two 
iron guns", and he made comparison between Prevost's failure 
and that of Burgoyne in 1777. 

On November 13, Liverpool replied to Wellington's letters of 
the 7th and the 9th, which had been communicated to the cabinet. 1 
The great object was to get him at once out of Paris. His appoint- 
ment to the command in America would effect that object. But 
he would not have to go to America at once. He would be retained 
in^England on account of the winter season, partly on the ground 
of^the state of the negotiotions. So he would still be at hand to 

1 Wellington Supplementary Despatches, vol. IX, p. 430. 



THE PEACE NEGOTIATIONS AT GHENT IN 1814 29 

deal with a European explosion. If Wellington can think of any 
better excuse for leaving Paris than the American command he is 
free to adopt such excuse, only he must let the government know 
what it is, so that they can give it out as the reason. "We shall 
not feel easy till we hear of your having landed at Dover, and 
in leaving the precise time and mode of departure to your dis- 
cretion we most earnestly entreat you to return to England with 
as little delay as possible." 

As regards the Ghent negotiations, Liverpool was still awaiting 
the American project asked for in the British note of October 31, 
and he assures Wellington that "we shall be disposed to meet your 
views upon the points upon which the negotiation appears to turn 
at present." 

Wellington, on receipt of Liverpool's letter of the 13th, began 
preparations for leaving Paris; but the rumour of his departure 
roused such a sensation that on the 18th he wrote to Liverpool 
renewing his objections to leaving, and on the 21st Liverpool told 
him to use his own discretion as to the time and excuse for leaving 
Paris. Wellington remained in Paris till January 23, 1815, and 
then left it only to relieve Castlereagh at Vienna, because Castle- 
reagh was badly wanted in England for parliamentary pur- 
poses. 

Such was the brief but effective appearance of the great 
Wellington on the obscure stage of the Ghent negotiations. His 
influence was incidental, almost accidental, in manner, but it was 
decisive and far-reaching in result. The great object of the British 
government was to get Wellington out of Paris. For many men of 
tried valour the situation at Paris would have been too much. 
But for the Iron Duke with his iron nerves that sort of thing was 
all in the day's work. He kept his head in Paris. Indeed, he did 
a good deal more than that. He turned the head of the British 
government in London from the wrong to the right direction in 
American policy. Had Wellington, even without leaving Paris, 
encouraged the British government in their American policy, or 
merely not discouraged them, they might have moved on to the 
rupture or the suspension of the negotiations at Ghent. The war 
might have gone doddering on. Nothing much would have hap- 
pened presumably in Canada during the winter. Prevost would 
have been probably relieved by another general, and the army 
would have waited for further action till the spring of 1815. 
Meanwhile the New Orleans expedition would have run its course. 
On January 8, the British attack was disastrously repulsed. On 



30 THE CANADIAN HISTORICAL REVIEW 

March 8, the news reached London. On March 1, Napoleon had 
landed in France, and on the 20th entered the Tuileries in triumph. 
If, in March, 1815, the American war had still been in progress, 
what would the British government have done? Surely the 
British troops would have been at once recalled from America, and 
peace made with the Americans at a very high if not at any 
price. It is hardly conceivable that Great Britain would have 
simply marked time in America during the Waterloo campaign, 
and then, in the autumn of 1815, again resumed the process of 
"giving Jonathan a good drubbing." 

On November 18, Liverpool wrote to Castlereagh. 1 He was 
then still hoping that Wellington would leave Paris at once and 
accept the command in America "if the war continues". But the 
policy towards the United States had already changed : 

We have under our consideration at present the last American 
note of their project of treaty, and I think we have determined if all 
other points can be satisfactorily settled not to continue the war 
for the purpose of obtaining or securing any acquisition of territory. 
We have been led to this determination by the consideration of the 
unsatisfactory state of the negotiations at Vienna, and by that of 
the alarming situation of the interior of France. We have also been 
obliged to pay serious attention to the state of our finances, and to 
the difficulties we shall have in continuing the property tax. Con- 
sidering the general depression of rents, which, even under any corn 
law that is likely to meet with the approbation of Parliament, must 
be expected to take place under such circumstances, it has appeared 
to us desirable to bring the American war if possible to a con- 
clusion. From what has passed in Parliament on this subject it is 
quite evident that the continuance of the war upon what is called 
a new principle would be violently opposed; besides, you are pro- 
bably aware that it is the Duke of Wellington's opinion that no 
material military advantage can be expected to be obtained if the 
war goes on, and he would have great reluctance in undertaking 
the command unless we made a serious effort first to obtain peace 
without insisting upon keeping any part of our conquests. 
In this detail of motives Liverpool has put his weakest first and 
his strongest last. Summarizing them in reversed order, they read 
as follows: (1) Wellington says our American policy is unsound. 
(2) Parliament opposes it as "a new principle." (3) The landlords 
will object to the renewal of the property tax. (4) There may be 

1 Wellington Supplementary Despatches, vol. IX, p. 438. 



THE PEACE NEGOTIATIONS AT GHENT IN 1814 31 

an explosion any day in Paris. (5) The negotiations at Vienna are 
unsatisfactory. 

As regards the Vienna negotiations, Liverpool had heard 
nothing recent. In Castlereagh's letters (as printed in the Corre- 
spondence and in the Wellington Supplementary Despatches) there 
is nothing alarming. On September 19, Castlereagh wrote to 
Wellington a few words on Holland. On October 1, he wrote a 
letter on the position of Prussia. On October 9, he tells Wellington, 
"We are at sea." On the 14th, he writes about "progress we 
have not made." On the 20th, " We are still at anchor." To 
Liverpool on October 20, he wrote i 1 

We have no progress to report . . . if matters trainent en longueur 
here, it will not be my fault; but if so, my withdrawing might be 
disadvantageous, and a premature discussion in England prejudicial 
on either the Continental or American negotiations. I hope, there- 
fore, you will be enabled to keep the discretion in your own hands 
of not meeting till late in February if general politics render such a 
measure advisable. 

On the 25th, he writes to Wellington on the European balance 
of power, 2 remarking that "France need never dread a German 
league ". On the same day Cooke, Castlereagh's under-secretary, 
wrote gossipy letters to Liverpool, saying, "We are still in the 
dark, " and " If I tried to write seriously I could only confuse your 
lordship." 3 His lordship may have been confused, but there was 
nothing in the negotiations at Vienna to alter his mind on the 
negotiations at Ghent. 

The Paris situation was genuinely alarming, but the point of it, 
to Liverpool's mind, was the safety of Wellington, whom he was 
ready to send to America or anywhere to get him out of Paris. 

The landlords were a solid force whom Liverpool was bound 
to respect, but there was nothing new about them. A Tory 
ministry had always the landlords with them. 

So, if this analysis be correct, the chief motive for the change 
of policy was Wellington's advice, and in a secondary degree the 
parliamentary expression cf opinion. Wellington and parliament 
both condemned the American policy of the government, and their 
opinions were expressed simultaneously, but independently. 
The change of policy was practically embodied in a note, dated 

1 Wellington Supplementary Despatches, vol. IX, p. 362. 

2 Wellington Supplementary Despatches, vol. IX, p. 373. 

3 Wellington Supplementary Despatches, vol. IX, pp. 373-375. 



32 THE CANADIAN HISTORICAL REVIEW 

November 26, from the British to the American commissioners 
negotiating at Ghent. 

The Americans were much pleased, and on November 27, John 
Quincy Adams recorded in his diary, "All the difficulties to the 
conclusion of a peace appear to be now so nearly removed that 
my colleagues all considered it as certain. I think it myself 
probable." And the probabilities of the cautious J. Q. Adams 
weighed nearly as much as the certainties of his colleagues. Peace 
was signed on Christmas Eve, 1814. 

It is generally held that the British government made peace 
with the United States because of (to use Liverpool's words above 
quoted) "the unsatisfactory state of the negotiations at Vienna". 
Such a view seems to me seriously incomplete. It ignores the 
essential unsoundness of the policy of revenge commenced in 
April, 1814. That policy ran its course, and the further it ran the 
more unsound it became. The unsoundness did not arise out of 
Vienna complications. The most perfect harmony at Vienna 
could not have made it sound. From the Plattsburg disaster the 
British government learnt that their American policy would be 
very expensive. Wellington's advice made them drop it alto- 
gether. 

So they made peace with the United States. Such a peace was 
obviously a great advantage in European complications, and this 
idea was much more pleasant to the ministerial mind than any 
unnecessary recognition of the fact that the abandoned policy 
should never have been started. Not only was the policy of 
revenge abandoned, but the fact that it had ever existed was, as 
far as possible, forgotten, and "Peace with America" loomed 
larger and larger as a wise achievement and a valuable ministerial 
asset. 

DUDLEY MILLS 



PRIVY COUNCIL APPEALS IN EARLY CANADA 



A MILD flutter has recently been caused in legal and other 
circles in Ontario by a suggestion that appeals to the 
Judicial Committee of the Privy Council might well be abolished. 
It may be interesting to some to know about the practice in 
regard to such appeals in early British Canada, as well as about 
the first proposals to abolish them. 

After the surrender of Quebec in 1759, and of Montreal in 
1760, Canada was governed for some time as a conquered country; 
the Courts were presided over by military officers who adminis- 
tered law by their own conception of right. This regime militaire 
has been much maligned, but nothing has appeared to indicate 
aught but good will on the part of the military authorities toward 
the conquered people and a sincere desire to do justice and right. 

When by the Treaty of Paris, concluded in February, 1763, 
"Canada with all its dependencies" was ceded by His Most 
Christian Majesty Louis XV to the Most Serene and Most Potent 
Prince George III, a time limit of eighteen months was fixed for 
the emigration from Canada of those who desired to retain their 
former allegiance to France 1 . 

Canadians having become British subjects de jure by the 
operation of the treaty, it was of course recognized that civil 
government must be provided in the place of the existing military 
government. 

The King, by the Royal Proclamation of October 7, 1763, 
formed a ' ' Government of Quebec ' ' of the territory from the River 
St. John west to a line drawn from the south end of Lake Nipissing 
to the point at which the parallel of 45 degrees north latitude 
crosses the St. Lawrence; 2 and General James Murray was ap- 

1 Shortt and Doughty (eds.), Documents relating to the Constitutional History of 
Canada, 1759-1791, second edition, Ottawa, 1918, pp. 97 sqq. 

2 Op. cit, pp. 163 sqq. The western limit of Quebec was fixed thus far east because it 
was intended to place the vast territory to the west under a separate administration, for 
the Indians and others to hunt in, and open to all the British Colonies. The southern 
boundary was fixed at 45 north latitude because it was intended to divide the territory 
with the colonies of New York and New England. 

33 



34 THE CANADIAN HISTORICAL REVIEW 

pointed governor 1 with carefully drawn commission and instruc- 
tions. By these instructions he was directed with his Council to 
erect courts of judicature and to provide that "appeals should 
be allowed in all Civil Causes from the Courts". 2 

Of course, civil government could not come fully into force until 
the eighteen months had elapsed, on August 10, 1764; but on 
September 10, 1764, an Ordinance was passed erecting two courts 
one the Court of King's Bench, with full civil and criminal 
jurisdiction, and the other a Court of Common Pleas, with full 
civil jurisdiction over 10. 3 From the Court of King's Bench 
there was an appeal to the Governor and Council in cases above 
300 sterling, and thence to the King and Council in cases involv- 
ing 500 sterling and upwards. From the Court of Common 
Pleas, there was an appeal to the Court of King's Bench in cases 
of 20 currency (18 sterling) and upwards, to the Governor and 
Council in cases over 300 sterling, and thence in cases of 500 
sterling and upwards to the King and Council. 

When, in 1768, Sir Guy Carleton became governor, his com- 
mission and instructions were much to the same effect; but he 
was instructed specifically to limit the right to appeal to the 
King to cases above 500 sterling. 4 There was also a direction 
that an appeal should be allowed unto " Us in Our Privy Council " 
"in all cases of Fines imposed for Misdemeanours" amounting to 
100 sterling. 5 

There had been a very considerable complaint of the adminis- 
tration of justice, arising in great measure from the uncertainty of 
the law. The Proclamation of 1763 had purported to introduce 
the English law in both civil and criminal matters ; the Ordinance 
of September, 1764, had directed the Court of King's Bench to 
"hear and determine all criminal and civil causes agreeable to 
the laws of England and to the ordinances of the Province"; the 
judges of the Court of Common Pleas were to determine agreeable 
to equity, "having regard nevertheless to the Laws of England as 

1 Op. cit., pp. 173, 181 sqq. 

1 Op. cit., p. 188: Article 17. 

1 Op. cit., pp. 205 sqq. Justices of the peace decided cases up to 30 Quebec currency 
(27 sterling). One justice could dispose of cases up to 5, two up to 10, and the 
Quarter Sessions up to 30, with an appeal to the Court of King's Bench. 

4 Op. cit., pp. 307-8: "the taking or demanding any Duty payable to Us or to any Fee 
of Office, or Annual Rent, or other suchlike matter or thing where the Rights in future 
may be bound" (Article 16). 

5 Op. cit., p. 308: Article 17. 



PRIVY COUNCIL APPEALS IN EARLY CANADA 35 

far as the Circumstances and present Situation of Things will 
admit". In the Court of King's Bench, the chief justice presided, 
an English barrister who followed the law of England closely; 
in the Court of Common Pleas were lay judges of little or no legal 
knowledge, whose views of equity were not fixed. It sometimes 
happened that the judges of the Court of Common Pleas, deciding 
on their own ideas of equity, were reversed by the chief justice on 
the law of England ; sometimes he was reversed by the Governor 
and Council, and an appeal to the Privy Council was not always 
successful. 

In 1767 the Privy Council sent a request to Carleton for infor- 
mation as to the defects in the administration of law, asking for a re- 
port from the governor, the chief justice and the attorney-general. 1 
Carleton replied showing the defects just mentioned, and added, 
"The People notwithstanding continue to regulate their trans- 
actions by these ancient laws though unknown and unauthorized 
in the Supreme Court [the Court of King's Bench] where most 
of these transactions would be declared invalid." 2 

Francis Maseres, the attorney-general, submitted a report for 
the governor in February, 1769, but it did not recommend itself 
to Carleton : Maseres recommended inter alia that from the courts 
of the province "there should be an appeal to the Governor and 
Council of the Province and from thence to Your Majesty in 
Your Privy Council. One great use of the appeal . . . would be 
to preserve an uniformity in the law throughout the Province . . . 
and . . . precedents ... to determine any subsequent disputes . . . 
should be ascribed only to those cases which had been decided 
by the Governor and Council ... or by your Majesty's Self in 
Your Privy Council." 3 

The strong agitation for the reintroduction of the former 
French -Canadian law led to much consideration by the Privy 
Council and the administration. An order-in-council of June 14, 
1771, followed by another of July 31, 1772, directed the British 
attorney-general, solicitor-general, and advocate-general to report 
on the communication as to the laws, etc., of Quebec. The report 
of Thurlow, the attorney-general, and Wedderburn, the solicitor- 
general, has been lost. Only certain extracts therefrom are now 
available; and in the parts that are extant nothing is said of the 

1 Op. cit., p. 285. 

" Op. cit., p. 288; Carleton to Shelburne, December 24, 1767. 

Op. cit., pp. 360 sqq. 



36 THE CANADIAN HISTORICAL REVIEW 

Privy Council except in general terms. Wedderburn recommends 
that "in all cases of superior value the Party aggrieved . . . may . . . 
be at liberty to appeal to His Majesty in Council." 2 The advo- 
cate-general, James Marriott, published his report in 1774 1 ; in it 
he says, "That no appeal should be to the King and Council under 
500 is thought by some persons a hardship and that it leaves 
no check upon the Governor and Council in less sums of great 
value in so poor a colony"; but he expresses no opinion in regard 
to the matter. 

When in 1774, the Quebec Act, 14 George III, c. 83, came to 
be passed, reintroducing the former French-Canadian law in civil 
matters, it was silent as to appeals to the Privy Council. 3 

This Act necessitated further legislation in the colony, and 
the Ordinance of February 25, 1777, was passed at Quebec. 4 A 
change in the courts was made by this ordinance. A Court of 
Common Pleas was erected for each of the two districts of Quebec 
and Montreal with civil jurisdiction; one judge for cases up to 
10 sterling and two for other cases. In cases of 10 and up- 
wards and certain special cases an appeal lay to the Governor and 
Council ; in cases over 500 sterling an appeal lay to the King and 
Council. The Court of King's Bench became a criminal court 
solely. 5 

The Quebec Act pleased the French Canadians in most re- 
spects, and it angered most of the English Canadians in equal 
measure. Agitation was met by counter-agitation, complaint 
by counter-complaint. The English as a rule desired the reintro- 
duction of the English civil law, the French opposed it. 

William Dummer Powell, afterwards chief justice of Upper 
Canada, who was then practising in Montreal, was one of the 
leaders of the English faction. Many reforms were desired and 
urged by this faction, and at length in 1783 Powell, with his two 
French-Canadian colleagues, Adhemar and De Lisle, went to 
England with a petition. In this petition, as in a similar petition 
in 1784, there was contained a request "That appeals from the 
Courts of Justice in this Province to the Crown be made to a 
Board of Council or Court of Appeals composed of the Right 
Honourable the Lord Chancellor and the Judges of the Courts of 

I 0p. cit., p. 436. 

2 0p. cit., pp. 445 sqq. 

*0p. cit., pp. 576 sqq. 

4 0p. cit., pp. 679 sqq.; 17 Geo. Ill, cc. 1, 2. 

*Op. cit. pp. 690-691. 



PRIVY COUNCIL APPEALS IN EARLY CANADA 37 

Westminster Hall." 1 This was plainly intended to cause cases 
from the province to be decided as far as possible by the laws of 
England. The French Canadians were not blind to this object. 
They held meetings to discuss the matter, and they represented 
"That up to the present time we have made appeals to the King 
and Council who have taken our laws as the guide of their de- 
cisions. But what will become of our rights when brought before 
a Court which will deviate in nothing from the British Laws and 
Constitution?" 2 

The Ordinance of Quebec of 1787, 27 George III, c. 4, con- 
tinued the right to appeal to the King and Council 3 , and when 
the matter came to be dealt with by the Home authorities, the 
request in the petition was dealt with summarily: "The 13th 
Article desires a Court of Appeal from the Judicature of the 
Province to be composed of the Lord Chancellor and the 12 Judges. 
This Article appears to cast a reflection wholly unmerited on the 
decisions of the Privy Council, and the proposal is certainly 
incompatible with the other duties of the persons named." 4 

The Canada or Constitutional Act of 1791, 31 Geo. Ill, c. 31, 
is silent as to such appeals, and there is no record of any further 
objection to the appellate jurisdiction of the Privy Council until 
a comparatively modern day. 

WILLIAM RENWICK RIDDELL 



I 0p. tit., pp. 742 sqq.; especially p. 745: Article 13. 

Z 0p. cit., pp. 754 sqq. 

*0p. cit., pp. 858 sqq.; especially p. 859. 

4 0p. cit., p. 982. 



SIDE-LIGHTS ON THE ATTEMPTED UNION 

OF 1822 



THE abortive plan for the reunion of the provinces of .Upper 
and Lower Canada in 1822 belongs to that class of historical 
events which are generally referred to as episodes. It had much of 
the appearance of a flash in the pan, which, when extinguished, 
left things as they were. The measure for the purpose was con- 
certed in secret, laid before an astonished House, and, in the face 
of the storm it raised, was withdrawn. It was apparently without 
influence on the course of events. 

But the scheme was of much significance. It expressed the 
conviction that the Constitutional Act of 1791 had failed and that 
Fox had been right, and not Pitt, in his prediction as to the effect 
of the division of the province. Lymburner, who had presented 
the case for the colonists before the House of Commons, had 
prophesied that the consequences of the separation would be 
"political weakness, disunion, animosities and quarrels." The 
reunion scheme was the recognition of the truth of this forecast. 
Though the dissensions between the two branches of the legis- 
lature in Lower Canada, and the withholding by Lower Canada 
from the sister province of her share of the revenues arising from 
the duties collected at the port of Quebec, fixed the period at 
which the union measure was brought down, these were not the 
causes which induced the British government to bring the two 
provinces together. The measure had been in contemplation for 
several years. British merchants and others having interests 
in Canada had kept the question of reunion alive, and the govern- 
ment realized the advantages which would accrue to the colony 
from the enhanced prestige of a single government, and the 
greater facilities which would be afforded for the management of 
the defences and for the development of the resources of the 
country. 

The principal facts in connection with the measure contained 
in the published documents are sufficiently well known to make 
a repetition of them unnecessary. But there are in the Public 

38 



THE ATTEMPTED UNION OF 1822 39 

Archives two series of private letters from responsible persons, 
in touch with members of the government having the Union bill 
in hand, which throw much light on the transaction. These are 
the letters of John Beverley Robinson, who had been sent by the 
lieutenant-governor of Upper Canada to London to lay a me- 
morial before the Colonial Office, and of John Neilson and Louis 
Joseph Papineau, who represented the Lower Canadians in their 
opposition to the scheme. 

The circumstances leading up to Robinson's mission to London 
are briefly as follows. When Upper and Lower Canada were 
formed, one of the first questions occupying the attention of the 
government of Upper Canada was to provide for a public revenue. 
Then, as now, the main revenues were derived from taxes on im- 
portations. This problem presented no difficulties to Lower 
Canada. All goods imported from abroad were entered at the 
port of Quebec, and the duties collected were available for the 
payment of the public service. In Upper Canada the case was 
entirely different. It was an inland province with no access to 
the sea by one of its own ports. Upper Canada had always in- 
sisted that so far as foreign commerce was concerned, they had 
equal rights with Lower Canada in the port of Quebec, and that 
the revenues collected from duties on importations which found 
their way to Upper Canada either directly or mediately (through 
Montreal merchants) should go for their benefit. This was agreed 
to, but as there were many difficulties in identifying all such goods 
as passed into Upper Canada, it was agreed at first that the 
revenues collected should be divided in the proportion of the 
population. This arrangement continued until 1817, though 
owing to the more rapid increase of its population, the proportion 
of the revenue assigned to Upper Canada was augmented. In 
1817, however, disputes arose, the consequence of which was the 
retardment of the payments made. Indeed, for two years, nothing 
whatever was paid from this source into the Upper Canadian 
treasury. As four-fifths of the revenue of Upper Canada came 
from her share of the duties, it may be imagined that the treasury 
was in evil plight. The government had been pursuing a pro- 
gressive policy roads were contracted for in several directions, 
court houses and other necessaries for public business were called 
for, and the government had assumed the obligation of paying 
pensions to disabled survivors of the late war. 



40 THE CANADIAN HISTORICAL REVIEW 

It was seen to be hopeless to expect any settlement with Lower 
Canada at an early day. Indeed, Lower Canada, so far from 
acting with that sympathy for a distressed sister province which 
might have been looked for, declined to hasten action in any way, 
asserting coolly that Upper Canada's position was inevitable, 
depending as it did for its revenue upon another province. 

It was then decided to send a memorial on the subject to the 
King, and to ensure its having the best attention, to send over 
with it an agent of talent and respectability. 

The agent chosen was John Beverley Robinson, the attorney- 
general, and one of the ablest men Canada has produced. While 
in England Robinson wrote a number of letters, a few to the 
lieutenant-governor, Sir Peregrine Maitland, but the greater part 
to George Hillier, the secretary of the lieutenant-governor, and 
Robinson's intimate friend. Two of the letters, being of an official 
character, were laid before the legislature and published in the 
Journals of 1823, but the remainder have not yet seen the light. 

Robinson reached London on March 22, 1822, and two days 
later presented his credentials to Wilmot Horton, under-secretary 
of state for war and the colonies. Robinson was much impressed 
with Horton, whom he described as an agreeable man to do busi- 
ness with candid, straightforward, intelligent, of great quickness 
of conception, and "what was of more consequence, really desirous 
of being thoroughly informed of Canadian affairs, and not un- 
willing to take the trouble necessary to gain that information." 

Robinson's services were immediately called in to 'requisition. 
There were in London at the same time two other Canadian 
officials, John Caldwell, the receiver-general for Lower Canada, 
and Charles Marshall, the solicitor-general for the same province. 
When Robinson reached London, the House of Commons was 
occupied with two bills of colonial interest, a West India trade bill, 
and another for regulating the trade of the colonies with Europe ; 
and he was happy to think that, between them, they prevented 
some omissions and contradictions, which would otherwise have 
marred the bills. 

After some preliminary discussions on the objects of Robin- 
son's mission between himself and the gentlemen from Lower 
Canada, in the presence of Horton, the latter requested Robinson 
to draw up such a bill as would be necessary to protect the interests 
of Lower Canada, and to submit it to Messrs Caldwell and Mar- 
shall. At the same time, Horton sounded Robinson on the ques- 
tion of re-uniting the colonies. 



THE ATTEMPTED UNION OF 1822 41 

Robinson's position was one of some embarrassment. The 
subject was not one that had been discussed in Canada, and he 
had no idea what views might be entertained regarding it by the 
lieutenant-governor, or by the members of the legislature. He 
was in England merely for the purpose of securing the interests 
of Upper Canada, and he regulated his conduct with a single eye 
to those interests. He, personally, was opposed to the scheme. 
The reasons that led to the division of the old province of Quebec 
in 1791 were in his opinion in no wise weakened by the lapse of 
time. The contrariety of interests between the inhabitants of 
French and English origins existed as strongly as at the beginning. 
He saw no efficacy in the plan, involving the management of a 
house of ninety members, instead of one of fifty, and deprecated 
the suggestion that the opposition of the assembly to the Legis- 
lative Council and to the governor was due to any lack of loyalty 
on the part of the French Canadians. It was due, in his opinion, 
to the propensity of every democratic assembly to absorb to 
itself all the power it could grasp, and, although the Assembly of 
Upper Canada were co-operating at that moment satisfactorily 
with the other branch, the tendency he had noted might manifest 
itself at any time, and the government would have on its hands 
double the number of malcontents it .had then to. deal with. 
Robinson's objections would be largely removed when Upper 
Canada stood superior to Lower Canada in the matter of popu- 
lations. Until then, he would prefer to leave things as they 
were. 

Lord Bathurst had written a month earlier to Sir John Sher- 
brooke, a former governor-general, for his views on the question 
of reunion. Sherbrooke gave a very guarded approval, in which 
he made an interesting point. As would appear from Sherbrooke's 
reply, Bathurst had intimated that the loyalty of Upper Canada 
would operate as a check upon a sentiment of an opposite charac- 
ter, which he understood prevailed in Lower Canada. Sherbrooke 
was far from sure of this. To him the danger of American influ- 
ences in Upper Canada was at least as much to be apprehended 
as that from disaffection in Lower Canada, and the detestation 
among the French Canadians for everything tainted with Ameri- 
canism might well act as a preservative of British connection, if 
brought to bear on Americanized sentiment in Upper Canada. 

In spite of the adverse opinion of Robinson, and doubtless, 
under the strong pressure of the Montreal merchants and their 
British correspondents, the government persisted in its determin- 



42 

ation to bring down a bill for the reunion of the provinces, and 
Robinson was entrusted with the task of drafting it. 

Although opposed to the union, Robinson gladly undertook 
the duty as it gave him an opportunity he would not otherwise 
have had of safe-guarding the interests with which he was specially 
charged. Two clauses will show how jealously he attended to 
those interests. In one of them it was provided that, in the 
absence of the governor-general, the lieutenant-governor of 
Upper Canada should assent to measures passed by the united 
legislature, and that only in the absence of both the governor- 
general and of the lieutenant-governor of Upper Canada should 
the duty devolve upon the lieutenant-governor of Lower Canada. 
The other clause required that all written proceedings of the 
United Legislature should be in the English language only, and 
that, after fifteen years, the English language only should be 
spoken in the chambers. 

In an attempt to ward off the full union contemplated by the 
colonial secretary, Robinson proposed a somewhat singular 
scheme. It was that the legislatures of the two provinces should 
remain intact, and that once every three or four years, the united 
legislatures should meet. The united body would receive power 
to legislate on all matters relating to the trade between the 
provir.ces and other countries, the imposition of duties, payment 
of drawbacks, and kindred subjects of joint interest. That, in 
Robinson's opinion, would give all the advantages of a union, 
without the embarrassing inconvenience of compelling the legis- 
lature to make laws regulating the internal affairs of two pro- 
vinces differing in language, laws, and religion. Robinson prepared 
a bill to carry out this plan, which the Colonial Office seemed at 
first inclined to favour, but finally rejected, owing to considerations 
of which Robinson acknowledged the justice. 

After several postponements, which led Robinson to apprehend 
that the measure might not be brought up that session, the-reunion 
bill was introduced on June 10, and the debate on the second 
reading took place on July 18. The government were then 
treated to a most unpleasant surprise. They were persuaded that 
the bill would have unanimous acceptance. The only objections 
to be possibly anticiapted were from Brougham, who was an 
incalculable element in the House. Yet not only was there 
opposition, but it was of the most violent and virulent character. 
It is true that the objections nowhere touched the principles of 
the bill. These were concurred in by all who participated in the 



THE ATTEMPTED UNION OF 1822 43 

debate. The opposition was to the late period in the session in 
which the measure was brought down, and to the fact that no 
effort had been made to ascertain the views of the colonies on the 
subject. 

Robinson declared the debate to be the most animated and 
able he had heard that session. The manner in which Canada 
and its inhabitants were spoken of was very gratifying. He 
noticed particularly the speeches of Horton and Sir James Mac- 
intosh, whose speech he thought the mcst eloquent he had ever 
heard. Macintosh protested against a maxim, which had been 
sometimes advanced, that Great Britain had a right to abandon 
the defence of any of her colonies, so long as those colonies were 
true to their allegiance. 

The government had no difficulty in carrying the bill through 
the second reading, but the strength of the opposition and its 
determination to retard passage of the bill through the later 
stages led them to abandon the union part of the bill for that 
session. 

It was decided to reintroduce those parts of the bill providing 
for the settlement of the questions at issue between Upper and 
Lower Canada, and a meeting was called for next morning at 
Horton's house to consult about the alterations which would be 
required. Robinson relates with some justifiable self-satisfaction 
that, anticipating the course events would take, he had already 
prepared the bill required by the government, and was able to 
surprise the party by laying before them at the meeting the bill 
wholly re-drawn. This bill had an easy passage through the 
House, and was embodied in the Act known as the Canada 
Trade Act. 

The Neilson Papers contain very full details of the action 
taken in Lower Canada, and some of the particulars as to the 
reception of the bill in Upper Canada. The first news that reached 
the public in Lower Canada of the intended reunion was contained 
in a short article in the Quebec Gazette of June 13, 1822. The 
editor, in making the announcement, bespoke confidently general 
disapprobation of the scheme. In a series of panicky interro- 
gations, he demanded to be told the advantages anticipated. 
Could not the grievances of Upper Canada be removed without 
union? If Montreal was to be the new capital, would not its 
defences call for a ruinous outlay? Would not the administration 
of justice be more expensive and less effectual? Which of the two, 
French civil or English common law, would survive? Neilson, in 



44 THE CANADIAN HISTORICAL REVIEW 

a letter to Papineau, foresaw, indeed, in the projected union the 
first steps towards annexation to the United States. 

It was not until September that it was learned in Canada that 
the Union bill was thrown over to the following session, to enable 
Canadians to express their views respecting it. On the 9th of that 
month, the Quebec Gazette made the announcement, and called 
upon all Canadians, whether opposed or favourable to the union, 
to make the British government acquainted with their sentiments. 
The autumn and winter of 1822-1823 was a period of much 
agitation. Those opposed to the union formed themselves into 
Constitutional Associations. They drafted resolutions and peti- 
tions, which were energetically circulated throughout the several 
districts. Those favouring the measure, which comprised nearly 
all of British origin, manifested an equal activity. Some of the 
memorials were presented to the British government through the 
governor-general, but the largely-signed anti-union petitions 
were entrusted to two delegates, who were charged with the duty 
of laying them before the colonial secretary. One of the agents 
selected was John Neilson, who published .the Quebec Gazette 
until 1818, when he turned the newspaper over to his son, and 
who was a strong advocate of colonial rights. The other delegate 
was Louis-Joseph Papineau, at that time and for many years later 
speaker of the legislative assembly. 

It is a curious fact that the anti-union Upper Canadians, who 
were antagonistic to Lower Canada on every other point, were so 
far at one with them in their opposition to the union that they 
sent their petitions by the hands of the Lower Canadian delegates. 
Among those opposed to the union was Robert Baldwin, who 
was in correspondence with French Canadians, notably Jules 
Quesnel, a prominent politician in Montreal, and later a member 
of the Special Council in 1838, and of the Legislative Council after 
the Union of 1841. The number of signatures on the petitions 
were from Lower Canada 60,642, and from Upper Canada 8,097. 

The petitions for the Union were presented by James Stuart, 
an eminent barrister, who until shortly before this time had acted 
with the popular party in Lower Canada, but who, yielding to the 
seductions of the attorney-generalship, became thereafter their 
most bitter and detested opponent. Stuart arrived in England 
in the middle of February, 1823, with the petitions of the English- 
speaking part of Lower Canada, that is, those of Montreal and 
Quebec and nearly the whole of the Eastern Townships, as well 
as many from Upper Canada. The record of his activities is not 



THE ATTEMPTED UNION OF 1822 45 

so well known as that of the delegates from those opposed to the 
Union, but it is of less importance, as the British government 
were more concerned with the strength of the opposition to the 
measure than with the weight of the forces behind them. 

Neilson and Papineau had an interview with Horton on 
March 1, and we are fortunate in having Neilson's account of it. 
Horton, who spoke at first in French and afterwards in English, 
admitted that the government had expected opposition from the 
French Canadians, but they had persevered in the measure from 
the conviction that it would be for the ultimate benefit of that 
section of the population. He then introduced an analogy 
which could not fail to irritate the delegates. If, he said, the 
three estates approved of the measure, it could hardly prove 
otherwise than beneficial as they were under no prejudices, and 
he instanced the case of a child who might dislike at first going to 
school, although to send him there was not the less for his ad- 
vantage. Horton, however, obtained important admissions from 
Papineau. He took up the circular of the Montreal committee, 
in which it was stated that the effect of the measure would be 
destructive of the laws, language, and religion of the French 
Canadians. Papineau deprecated such an expression, declaring 
that the French Canadians had the fullest confidence in the 
government of the Mother Country. Neilson followed this up 
by observing that, during the thirty years he had been in Canada, 
he had never heard any person complain of the government at 
home. They had their squabbles with their local government, 
but there was no desire to carry them to imprudent lengths. 

Horton finished by informing the delegates that he had advised 
Dalhousie that the government did not propose to go on with the 
bill at the time, suggested that the delegates should study the 
bill, clause by clause, and said that he would be ready at any time 
to hear their conclusions. 

Neilson and Papineau accepted this advice, and their detailed 
criticism of the bill revealed all the points to which their objections 
lay. But no further action was taken. Neilson returned to 
Quebec towards the end of June, fully satisfied with the results 
of the mission, and the local committee were equally gratified, as 
he was accorded a vote of thanks for the "zeal, capacity and 
diligence with which he discharged the important mission im- 
posed upon him by the committee for the public interest." The 
public agitation in Lower Canada thereupon gradually subsided. 

WILLIAM SMITH 



CONFEDERATE AGENTS IN CANADA DURING 
THE AMERICAN CIVIL WAR 

THE secret military and political organization which the Con- 
federacy of the Southern States built up in Canada during 
the Civil War centred mainly about the personality of the Hon. 
Jacob Thompson. This typical soldier politician had been 
Secretary of the Interior in President Buchanan's cabinet at 
Washington; and from the day when, as a member of the cabinet, 
he had opposed the senoling of troops to Charleston (although 
civil war was even then imminent), to the day when the Washing- 
ton government offered a reward of $25,000 for his capture, the 
North had no more implacable enemy. His arrival in Toronto 
in 1864, when the American Civil War was raging at its hottest, 
marked the beginning of a series of conspiracies on which Canadian 
historians have hitherto laid little emphasis. 

"Rebel sympathizers" in Canada had begun to worry the 
Union authorities as early as the end of 1863. In December, 
1863, C. S. Ogden, the American consul at Quebec, for instance, 
wrote to his government begging them to take some steps for the 
protection of the border states in order to "prevent the con- 
summation of contemplated deeds of reckless wickedness." But 
just what the deeds contemplated were was not apparent; nor 
does there appe'ar to have been as yet any definite organization 
of the (Confederates in Canada. 

The future leader of Confederate activities was, in fact, at 
this time still busy in the South. He had left the Federal cabinet 
to reappear as a "volunteer A.D.C." to General Beauregard at 
the battle of Shiloh, in April, 1862. The exact duties of a volun- 
teer A.D.C. appear probably in no military manual, but it is 
easy to picture the eminent politician bursting with the desire 
for military laurels and influential enough to have his requests 
granted, offering himself and his horse for the duty of carrying 
orders amid the smoke of battle. General Beauregard mentions 
him in his report of the battle, and the volunteer A.D.C. himself 
made a report regarding his own and his general's movements: 

46 



CONFEDERATE AGENTS IN CANADA 47 

"While I was engaged," he writes, "in rallying our disorganized 
troops to the left and rear of the Church, you seized the banners 
of two different regiments and led them forward in face of the 
fire of the enemy; but from the feebleness of the response I 
became convinced that our troops were too much exhausted to 
make a vigorous resistance. I rode up to you and advised that 
you should expose yourself no further, but should dispose your 
troops so as to retire from Shiloh Church in good order." 

Soon after we find him going quite openly to Helena, Arkansas, 
and the general in command of the Federal troops on the Missouri 
writes plaintively to his subordinate: "I understand noted rebel 
ex-officers, including the arch-traitor Jacob Thompson have been 
at Helena without being hung. Any such monstrous breaches of 
military law and reason will be severely noticed." Major 
Thompson, however, continued to escape the Federal gallows and 
next made his appearance as Inspector-General under General 
Pemberton at Vicksburg. This appointment turned out to be 
not quite so pleasant as it might have been, for Vicksburg was 
promptly invested; but as soon as arrangements had been made 
for its surrender, Colonel (he had gone up a step) Thompson 
departed on an errand to General Johnston, while the rest of the 
garrison were waiting to go through the formalities of parole. 

It was at this stage that his energies were transferred to 
Canada. The Confederate sympathizers in Canada, whose 
schemes had been disturbing Mr. Ogden, had been thought 
worthy of notice by the Southern chiefs; and Jefferson Davis 
sent for Thompson in April, 1864, and finally dispatched him for 
duty in Canada under the following commission : 

HON. JACOB THOMPSON. 
SIR, 

Confiding special trust in your zeal, discretion and patriotism, 
I hereby direct you to proceed at once to Canada, there to carry 
out such instructions as you have received from me verbally, in 
such manner as shall seem most likely to conduce to the furtherance 
of the interests of the Confederate States of America which have 
been intrusted to you. 

Very respectfully and truly yours, 

(Signed) JEFFERSON DAVIS. 

With Thompson, and under a similar authority, went the 
Hon. C. C. Clay, another Southern politician. Just how two 
men who were so well known and would, we might have thought, 



48 THE CANADIAN HISTORICAL REVIEW 

have been easy to identify succeeded in passing all the Northern 
lines, has never been explained, but by July, 1864, they had estab- 
lished themselves in Toronto, and had commenced operations, 
Thompson going under the name of Captain Carson, and Clay 
calling himself at various times Hope, Tracey, and Lacey. 

It was not long before their presence became known to the 
Union authorities, who naturally apprehended trouble. General 
Hitchcock, who was in command at Sandusky, wrote off to the 
Secretary reporting that ex-secretary Thompson was "employed 
in Canada setting on foot expeditions of the most dangerous 
character," and recommending that gunboats should be placed on 
the lakes. 

He was quite justified in his apprehensions. Almost as soon 
as Thompson arrived in Canada, he advanced $2,000 to a Mr. 
Minor Major, who seems to have had no credentials, but was 
anxious to burn steamboats on the Mississippi. As some steam- 
boats were soon after burned at St. Louis, Thompson appears to 
have been satisfied that he had had value for his money, and 
prcceeded to finance a Mr. Churchill of Cincinnati, who wished 
to form an Incendiary Corps in that city. Cincinnati, however, 
got off better than the St. Louis steamboats. 

There was at this time on Lake Erie a solitary American gun- 
boat, the U.S.S. Michigan, and it was not long before the eyes of 
the ex-secretary and ex-aide-de-camp were turned in her direction. 
A useful assistant was, as usual, ready to his hand in Captain 
Charles H. Cole, who, he says, "represented to me that he had 
been appointed a lieutenant in our navy." Captain Cole pro- 
fessed that he had already paved the way by getting on good 
terms with the officers of the Michigan ; and he and Thompson 
planned that on September 19 Cole should organize a "wine 
drinking" party with these officers, during which another boat 
was to come alongside the Michigan and attempt her capture. 

The only difficulty was to find this other boat. On September 
18, therefore, the day before the "wine drinking," an unknown 
but apparently respectable man came aboard the Philo Parsons, 
a small steamer which ran between Detroit and Sandusky, and 
asked that he might stop next day at Sandwich on the Canadian 
shore, to pick up himself and a party of friends who wanted to go 
to Kelly's Island, near Sandusky. The Philo Parsons duly 
stopped at Sandwich, picked up this party, and further on at 
Maiden a party of twenty more, who brought aboard a hair 
trunk stuffed with revolvers. She stopped again at Middle Bass 



CONFEDERATE AGENTS IN CANADA 49 

Island, and had just started for Sandusky, when the men who had 
boarded her at Sandwich and Maiden seized her, turned back to 
Middle Bass Island, and began taking in wood. The Confederates 
had got their boat. 

At this juncture, however, a hitch occurred. The Island 
Queen, another lake steamer, with a cargo of passengers and 
soldiers, came up unsuspectingly alongside the captured Philo 
Parsons, and proceeded to make fast to her. Here was an encum- 
brance, for the Confederates neither wanted the Island Queen, 
nor could they let her go. So the passengers and soldiers were 
put ashore, and the Island Queen itself towed out into the lake 
and scuttled. She did not sink far, however, for the Confederates 
had scuttled her over a shoal, an important detail which Thompson 
omits in his report. Then the Philo Parsons set off for Sandusky. 
Here, however, the crew decided that they did not like the look 
of the Michigan's fourteen guns, and they turned their extempore 
w r arship around, and headed for Sandwich again. At Sandwich 
they put ashore a piano and some other loot, and then tried to 
sink the Philo Parsons. A Canadian customs house officer 
appeared on the scene, and took possession of the captured pro- 
perty (which was later returned to its owners) ; and it turned out 
that the Philo Parsons never really sank at all. After that 
crowded hour of glorious life she was repaired, and four days later 
resumed her prosaic run between Detroit and Sandusky. 

As for the Michigan, the officers had never had their drinking 
party and would not have proved such an easy prey after all. 
One of Thompson's friends had given away his plans, and Cole 
had been arrested on September 17, with his commission from 
Thompson in his pocket. He, however, had had a good time in 
Sandusky on $4,000 which Thompson had given him. He had 
been living with a lady who passed as his wife; he had appar- 
ently been more or less continuously drunk; and he was able to 
account for only about half the money he had received. 

Meantime Toronto had been the scene of another plot, this 
time for the burning of New York. A Colonel Martin had 
reported to the Confederate chief for duty, and the latter tells us 
that "having nothing else on hand Colonel Martin expressed a 
wish to organize a corps to burn New York City." This amiable 
project, however, resulted in nothing more than the waste of some 
Greek fire and a considerable scare to the New Yorkers. 

Having failed to capture the Michigan, Thompson next turned 
his attention to procuring a vessel useful for arming other boats 



50 THE CANADIAN HISTORICAL REVIEW 

on the lakes, and in November managed to acquire the steamer 
Georgiana, for which he paid $17,000, about twice what she was 
worth. This news did not take long to leak out, much to Thomp- 
son's disgust. "The bane and curse of carrying out anything in 
this country," he wrote, "is the surveillance under which we act. 
Detectives or those ready to give information stand at every street 
corner. Two or three cannot interchange ideas without a re- 
porter." Northern New York became convinced that the 
Georgiana was being armed to attack the Michigan, and was 
thoroughly alarmed. Troops were dispatched to garrison the 
lake towns, which were already disturbed by a story that one 
hundred Southern sympathizers were on their way to burn 
Buffalo. The only person who remained quite calm was the 
Federal Secretary of War, who wrote to General Dix, the com- 
mander of the New York troops: 

War Department, November 6, 1864. 

The contents of your dispatch of this date [regarding the Geor- 
giana] have been forwarded to Mr. Seward at Auburn to be com- 
municated to the Canadian Authorities. It is not likely that they 
will take any steps towards preserving the peace. You must take 
your own measures without reference to them. General Grant 
telegraphs that all the troops required have gone forward and it 
seems to me that you and General Butler ought to be able to take 
care of Jake Thompson and his gang. 

(Signed) EDWIN M. STANTON, 

Secretary of War. 

As a matter of fact, the Federal authorities soon came to the 
conclusion that the Georgiana was not intending to match herself 
with the Michigan, and the tempest subsided. 

In October there was another operation, for which Thompson 
at first got the credit, although in fact it took him as much as 
anybody else by surprise. 

Lieutenant Bennett H. Young, with a body of twenty-five 
Confederate soldiers, mostly escaped prisoners, rode over on 
October 19 from the Canadian line to St. Albans, and took $150,000 
in cash from three banks. Five of the citizens of the town were 
shot (one of them afterwards died) and the raiders dashed off in 
an endeavour to escape to Canada. The Provost Marshal at 
Burlington was ordered to pursue the marauders; and he and his 



CONFEDERATE AGENTS IN CANADA 51 

men captured eight of them. Four or five more were captured 
by Canadian troops under General Williams, who had been 
ordered by Lord Monck to assist in their apprehension. These 
prisoners were taken to Montreal, and extradition proceedings 
were commenced, in which the Hon. Mr. Abbott was retained by 
the Confederate agents. 

Abbott took the position that there was no case for extradition 
on the ground that "we conceive the strength of our position to 
consist in the documents we hold establishing the authority of the 
raiders from the C.S. Government." His defence was successful, 
and the captured raiders were released in December, much to the 
annoyance of the Federals. 

The report of the agent who actually instructed Lieutenant 
Young is characteristic. This agent says that Young showed 
him letters vouching for ' ' his integrity as a man and his piety as a 
Christian," and that he therefore thought him suitable for "passing 
through the New England States and burning some towns and 
robbing them of whatever he could convert to the use of the 
Confederate Government." Though this letter bears no signature 
its authorship was brought home later to Thompson's friend and 
colleague Clay. It was written from St. Catharines, Ontario, 
where Clay was then known to be living, and was identified by 
the Federal Department of Justice. Further evidence of Clay's 
activities in Montreal was supplied also by R. A. Campbell, then 
teller of the Ontario Bank, who disclosed during the trial of the 
St. Albans raiders that $50,000 had been transferred from St. 
Catharines to the account of Clay and Thompson at Montreal. 

The extent of the funds in the hands of these two agents was 
testified to by Mr. Thurston, then U.S. vice-consul at Montreal, 
who reported at a little later date that an informer named Sullivan 
had told him that their deposit in Toronto amounted to 
$3,000,000. This figure is no doubt exaggerated, as Thompson 
himself in his report accounts for only $600,000, of which about 
$100,000 had been turned over to Clay; but even these were large 
sums in those days. 

It may naturally be wondered how the Canadian authorities 
came to permit all this devising and contriving to be carried on 
within their borders. One reason was no doubt the fact that the 
total number of the Confederates in Canada available for these 
wild expeditions was not so large as to make their gatherings 
very noticeable. In November, 1863, a Northern detective came 
to Canada and travelled about among the Southerners, who 



52 THE CANADIAN HISTORICAL REVIEW 

congregated chiefly in Windsor, where they patronized the 
Hyrons Hotel, in Montreal, where their headquarters were at 
Donegana's Hotel, and in Hamilton. This man became quite 
convinced that the Confederate sympathizers were either unable 
or unwilling to make any attack on the Northern border. Such 
evidence is not, it is true, quite in accordance with the letter of 
Ogden quoted above, but it is sufficient to show that no acts were 
then openly committed which might endanger Canada's neutrality. 

Again, a year later, Colonel Hill, who commanded the troops 
in Michigan,' wrote to General Dix (after the attempt on the 
U.S.S. Michigan had failed), saying that he did not expect any 
raids against the Northern towns and did not believe 200 "rebels" 
could be obtained for such a purpose. The next month Colonel 
Hill changed his mind and wrote another letter in which he said 
he felt assured that raids would take place. But at this time the 
whole air was full of rumours, and the only question was the 
amount of credence to be given to them. On the whole, if the 
Federals, with their detectives operating freely in Canada, and 
their opportunities for obtaining information from Confederate 
turncoats, as happened in the case of the Philo Parsons, could 
not get reliable information, there is not much wonder that the 
Canadian authorities could do no more than they did. 

The, tension which existed is apparent from a letter of Secretary 
Stanton expressing the views of the President regarding an order 
of General Dix. The latter had issued instructions that if in 
future any raids took place the Confederates should be pursued 
into Canada and under no circumstances surrendered to the 
Canadian authorities. This was rather too strong even for the 
Secretary of War. He wrote to General Dix saying that the 
President "approves prompt and vigorous action within proper 
limits to protect your department and its inhabitants against 
hostile aggressions, and that in view of the recent action by a 
local British tribunal in turning loose the parties who were guilty 
of murder and robbery at St. Albans, every effort should be made 
to secure the citizens of the United States on the frontier in their 
persons and property against future outrages." He continues, 
however: 'The act of invading neutral territory by military 
commanders is in the opinion of the President too grave and 
serious to be left to the discretion or will of subordinate com- 
manders, where the facility of communication with superior 
authority is so speedy as it always may be with the chief authority 
in your department and even with the President at Washington." 



CONFEDERATE AGENTS IN CANADA 53 

As a result, of course, General Dix's order was cancelled. 
General Dix pointed out that this meant that there would quite 
likely be no possibility of capturing raiding parties, especially 
when they became able to cross the river on the ice. However, 
the idea of attacking Ogdenburg on a winter morning does not 
seem to have been attractive to the Southerners, and General 
Dix's fears turned out to be groundless. 

Thompson, during the autumn and summer, was very busy 
helping on the Confederate efforts to encourage the "Copperhead " 
peace movement in Illinois, Indiana, and Ohio, to control the 
Democratic convention at Chicago on August 29, and to release 
the Confederate prisoners at Camp Douglas. Here, again, he 
found convenient agents. From Canada he got in touch with the 
leaders of a society called the "Sons of Liberty," a secret political 
association, permeating all the Northern States, which had the 
skeleton of a military organization and adhered to the creed of 
"States Rights." 

His first steps were to arrange for a series of peace meetings at 
Peoria, Springfield, and Chicago, to make which a success he 
agreed to supply as much money as was necessary for the purpose, 
and actually furnished about $75,000. How this $75,000 was 
spent no one knows; but as the second of the Peace meetings fell 
rather flat, it may be suspected that there was not enough money 
left over from the first. 

During the course of the Peace meetings the Sons of Liberty 
were to be preparing for a general uprising on August 16, and 
actually began to do so, their intention being to establish armed 
control of Illinois, Indiana, and Ohio at a blow, then to seize 
Kentucky and Missouri, and so to place a tremendous weight in 
the balance against the northern States. 

They lost their nerve, however, and some of them, declaring 
that the ballot box should be tried before a recourse to force, 
threatened to disclose the whole scheme unless the idea of a coup 
de main was abandoned. Naturally this ended the proceedings, 
much to Thompson's disappointment. 

The expedition to the Chicago Convention is briefly reported 
by the commandant at Camp Douglas, in a letter dated November 
23, 1864, to the Provost Marshal General at Washington: 

About the 25th day of August last an expedition was organized 
at Toronto, Canada, under the immediate direction of Captain 
Hines, formerly of Morgans command composed of 150 to 200 



54 THE CANADIAN HISTORICAL REVIEW 

escaped prisoners and rebel soldiers, accompanied by Col. G. St. 

Leger Grenfell at the time Morgan's chief of Staff 1 This force 

was armed with pistols at Toronto, divided and its members in 
citizen's dress, came on to Chicago by different routes, on the same 
trains which brought the thronging thousands who assembled on 
the 29th of August to attend the Chicago Convention, and which 
made it difficult to detect their presence. It was to have been 
assisted by large numbers of Sons of Liberty who came armed to 
that Convention gathered from Kentucky, Missouri, Indiana and 
Illinois, and were to be under the immediate command of Brig.- 
Gen. Charles Walsh of the Sons of Liberty. 

The plan this time was first to release the 8,000 Confederate 
prisoners at Camp Douglas, then with about 1,500 men to capture 
the city itself, burn some of the public buildings, seize the others, 
gain the co-operation of the "Copperhead" element in the con- 
vention, and start a great movement which would finally swamp 
the Federal forces. Somehow or other these plans became known 
to the authorities, and strong reinforcements were sent to Camp 
Douglas, with the result that the expedition was a complete 
fiasco; nothing whatever happened, and the would-be revolu- 
tionists made the best of their way back to their homes. 

Thompson, however, was quite undeterred. After the rein- 
forcements which had been sent to the Chicago garrison in August 
had been released, the Federal authorities thinking that the 
danger was over, he organized a second expedition from Toronto. 
The same leaders were selected, and the attempt was fixed for 
November 7, the day of the presidential election. Meanwhile, 
the Sons of Liberty had spread about a story that armed force was 
to be used to prevent a Democratic victory, had made this an 
excuse for carrying arms themselves, had flocked into Chicago 
bristling with revolvers, and had organized enough mysterious 
meetings and deliberations to put the Federal authorities thor- 
oughly on their guard. There were so many of them, in fact, that 
it was evident that they would be able to get together a force 
much larger than the garrison at Camp Douglas. Luck, however, 
was again on the side of the Federals. A man named Shanks, 
who had previously been in the Confederate Army, and knew 
Grenfell, had been for some time secretly employed as a detective 

1 Grenfell was an Englishman, a soldier of fortune, who had been for some time 
previously in the rebel service. He had more courage than brains; and he had before 
this been on a hunting expedition in Southern Illinois. 



CONFEDERATE AGENTS IN CANADA 55 

by the commandant at Camp Douglas. He went to Grenf ell's 
hotel stating that he was willing to assist, and Grenfell promptly 
gave him enough information to enable the Federal authorities 
to arrest all the leaders of the conspiracy. By striking at the 
heart of the organization, the local authorities not only defeated 
the plot, but found out enough about the Sons of Liberty to put 
an end to their activities entirely. 

But the most sinister charge ever laid against the Confederate 
emissaries to Canada was that of sharing in the conspiracy which 
resulted in the assassination of Lincoln. Their speeches and 
actions had certainly laid them open to suspicion. Thompson 
had said in the summer of 1864 "that he had his friends, Con- 
federates, all over the Northern States who were ready and willing 
to go any length to serve the cause of the South, that he could at 
any time have the tyrant Lincoln and any others of his advisors 
that he wanted put out of his way, and that they would not con- 
sider it a crime when done for the cause of the Confederacy." 
Later on, in the summer of 1864, in Montreal, Clay had a long 
and confidential conversation with Payne, who was afterwards 
tried and executed as an accomplice in the crime. Although Clay 
firmly denied complicity, it is difficult to believe that in this 
atmosphere of plot and counterplot, he had ever opposed the 
plan, even if he had not forwarded it, and indeed the activities 
in which he was known to have been engaged, his readiness to 
engage in schemes of violence, his disregard of the usual conven- 
tions of warfare, his continued abuse of the hospitality of Canada, 
are certainly evidence against him. 

But it is, after all, one thing to consent to a more or less vague 
proposal, as this then was, and another to share in the actual 
plans which result in a villainous deed, and Clay and Thompson 
were never shown to be real accessories to the crime. 

At one time it appeared as though Clay must certainly be 
convicted on the strength of a mass of evidence collected by a 
lawyer named Dunham. This man, giving the name of Sanford 
Conover, went to the Federal Judge Advocate General, and repre- 
senting that he was in a position to find witnesses who could prove 
that both Jefferson Davis and Clay were accessories to the con- 
spiracy, offered to devote his time to the work. He was provided 
with funds, and travelled through Canada and the South, repre- 
senting that he was making good progress, and generally asking 
for more money. The money was provided, and Dunham, alias 
Conover, finally returned to Washington with a stack of affidavits 



56 THE CANADIAN HISTORICAL REVIEW 

containing evidence enough to hang Clay as high as Haman. He 
brought some of his witnesses with him, planted them at the 
National Hotel at Washington, and set them to work giving 
depositions. They gave the most detailed and accurate descrip- 
tions of interviews and events which they claimed took place in 
Canada, connecting Thompson and Clay with the crime ; and the 
only possible ground on which their stories could have been 
suspected was that they were too consistent. 

It was not until after a report had actually been made to 
Congress that one of "Conovers" witnesses confessed that the 
whole of the evidence had been fabricated, and the depositions 
made out of whole cloth by "Conover" himself. Finally, it 
turned out that none of the witnesses had ever been in Canada 
or in the South, but that Conover had collected a few saloon- 
keepers, labourers, peddlers, and some of his own female relations, 
invented names and personal histories for them, supplied them 
with depositions which they learned by heart, and finally produced 
them as witnesses against Clay and Davis. 

By the time all this false evidence was withdrawn, it was 
apparent that no charge could be made against either Clay or 
Thompson. 

Two circumstances finally put an end to the Confederate 
movements in Canada. The passage of an Aliens Act by the 
Canadian parliament apparently prevented the conspirators from 
continuing their schemes during the winter months of 1864-1865; 
and the wave of feeling which crossed the whole country at the 
news of Lincoln's death made their temporary home no longer 
safe harbourage. 

Andrew Johnson, Lincoln's successor, promptly issued a 
proclamation charging Thompson and Clay with complicity in 
the assassination plot, offering a reward for the apprehension of 
either of them, and after this they thought that the quicker they 
shook the dust of Canada off their feet the better. Clay left for 
Macon, where he gave himself up; Thompson departed for 
Portland, Maine; and the work of the Confederate "Hidden 
Hand" was over. 

The two men had plotted a great deal, spent an enormous 
amount of money, caused the death of a number of innocent 
people and of some of their own misguided subordinates, and 
accomplished absolutely nothing. Sometimes they had chosen 
their assistants badly ; once or twice luck had been against them ; 
but the greatest of their errors was that they entirely misjudged 



CONFEDERATE AGENTS IN CANADA 57 

the spirit of the people they were fighting. The only result of the 
greatest of their efforts, the attempt to capture Chicago and seize 
Illinois and Indiana, was to make possible the destruction of the 
very machinery on which they relied. 

It is a relief to turn from the record of these plottings and 
plannings to the story of the forty-eight thousand Canadians who 
fought among the Northern armies, not for the sake of loyalty 
or allegiance, not in answer to an appeal or under the pressure of 
conscription, but because they believed their cause was just; and 
to the memory of the eighteen thousand of them who gave up 
their lives for the freedom of others. 

WILFRID BOVEY 



NOTES AND DOCUMENTS 



BARON DE GAUGREBEN'S MEMOIR ON THE DEFENCE OF UPPER 

CANADA 

In the early summer of 1907, after a long term of seclusion in 
the Tower of London and other resting-places, such as the War 
Office, a large number of maps, plans, and manuscripts apper- 
taining to Canada found a final domicile in the Public Archives 
of Canada. Amongst these manuscripts was a curious little folio, 
marked "Reports, 64", and on the first leaf, in pencil, "Canada 
Papers Captain de Gaugreben's Memoirs on the Defence of 
Lower and Upper Canada." 

The contents consist of three documents, the first dealing with 
the defence of Lower Canada, the second with the Defence of 
Upper Canada, and the third with the Necessity of an Establish- 
ment of (1) a Bureau Topographique, (2) a Corps of military 
artificers (Soldats du G6nie), and (3) a Corps of spies and a 
Corps of light troops. It is the second of these documents which 
is here reproduced. 

The three documents were prefaced by a covering letter, dated 
Montreal, June 19, 1815, the day after the battle of Waterloo, 
and addressed to Colonel Rowley, Royal Engineers, who was at 
this time Deputy Inspector of Fortifications at the Tower. This 
letter is worth a little notice, as the first few paragraphs show 
that the memoir it accompanied was first written in 1812, and 
that the present copy was re- written after the war of 1812-14 a 
fact of which there is internal evidence in the text. 
The letter begins: 

I do myself the honor to transmit to you a Memoir respecting 

the defence of the principal part of Canada, which I did myself the 

honor of communicating to the Commanding Royal Engineer of 

the Canadas. I made this on account of my having, at present, 

the Command of the Montreal District. 

I hope you have received my Description of the last Campaign 

58 



BARON DE GAUGREBEN'S MEMOIR 59 

carried on in Upper Canada, which I forwarded to you several 
months ago. 1 

I venture to enclose here another , Memoir on the Defence of 
Canada in General This Memoir I sent to Governor Sir George 
Prevost in December 1812, when I was in Quebec. 

I do not think these Memoirs of a great value, but I am con- 
vinced that they show what I would do for the benefit of [the] 
Government whom I have the honor to serve if my abilities kept 
a step equal to my wishes. 

The rest of the letter does not contain any matter of historic 
interest, except in so far as it tends to throw light on the nature 
of an engineer officer's occupation in Canada in times of peace. 
It is signed, " De Gaugreben, Cap. Roy. Ger. Engineers"; the 
writer being Frederick, Baron de Gaugreben, who entered the 
British service in 1811, served in Canada in 1812-1815, and on 
February 24, 1816, was placed on "foreign half pay", which he 
continued to draw up to 1822, when his name disappears from 
the Army List. He was a captain in the King's Royal German 
Engineers, a corps of that part of the British Army known at the 
time as the King's German Legion. That is about all we know of 
his life, though there is a hint of tragedy to be traced in the fact 
that in his covering letter a trace of ambition shows itself and in 
the last clause an appeal for protection is made to Colonel Rowley. 
De Gaugreben was a man of considerable ability, great per- 
ception and application, and, as events showed, with a keen power 
of applying his engineering science. In his memoir he dwells on 
the nature of the boundaries of Upper Canada, the lack of popu- 
lation, the distances to be traversed, and the means by which the 
attacks of a superior force could be rendered ineffective by an 
inferior one. In the Memoir on the Defence of Upper Canada he 
shows the value from a military point of view of the proposal 
now known as the "Georgian Bay Canal Scheme", whilst in 
another passage he makes the earliest suggestion for the con- 
struction, as a military work, of the Rideau Canal. 

Was this memoir the source of inspiration from which the 
Rideau Canal sprung? Major-General C. W. Robinson, in his 
life of his father, Sir John Beverley Robinson, says: "The Rideau 
Canal was undertaken while the Duke of Wellington was in office, 

x This description of the campaign in Upper Canada in 1812-14 was not amongst 
the MSS. forwarded to the Archives, nor has it yet been found. After their removal 
from the Tower, the records were scattered, and this document may yet be discovered. 



60 THE CANADIAN HISTORICAL REVIEW 

and with a view chiefly to the military defence of the Province. 
It secures the defence of Canada, up to Kingston, by affording 
a passage for troops, and military and naval stores, independent 
of the St. Lawrence" (chap, xn, p. 330). As we have seen, 
this memoir was addressed to Col. Rowley, the Deputy Inspector- 
General of Fortifications, Lieut. -General Gother Mann being 
Inspector-General. This branch of the service was under the 
Master-General of Ordnance, an office to which the Duke of 
Wellington succeeded in 1819. It is evident that these MSS. 
were kept in the library at the Tower from the fact that they 
bear the broad arrow and " I.G.F." in red, and from the endorse- 
ment, though only in pencil, "Canada papers". General Mann, 
who had served in Canada as a subaltern, as a captain, as District 
Commanding Engineer, and finally as Commanding Royal 
Engineer in Canada, had himself made various reports both 
general and particular on the defences of the Canadas, and in 
1790 had made a very excellent large scale map of the country 
up to the western limits of the District of Luneburg, at Lake 
Superior. He was much too far-sighted to fail to note the im- 
portance of De Gaugreben's suggestion, and was still Inspector- 
General when the Duke of Wellington became Master, and the 
agitation for the canal had already commenced, for in the blue 
book Canada Canal Communications, 1831, we find in document 
No. 12, dated November 26, 1818, a report on the Rideau com- 
munication by Lieut. -General Cockburn, then Deputy Quarter- 
Master-General, and in reading this "Report" one cannot but 
conclude that the writer had read Gaugreben's memoir. When 
the Duke became Master in 1819, the matter became more active, 
and finally the canal was built. As Wellington did not succeed 
Lord Goderich as prime minister till January, 1828, it is evident 
that General Robinson means merely that the Duke was in office 
as Master-General of Ordnance, especially as it was to him in 
that capacity that all reports were made and estimates submitted. 
Several other works which were proposed whilst the Duke filled 
this position, but were never carried out, may be traced to this 
memoir. 

H. R. HOLMDEN 

[Transcript.] 

MEMOIR 

On the Defence of Upper Canada. 
The River St Lawrence, Lake Ontario, the Niagara River, Lake 



BARON DE GAUG KEREN'S MEMOIR 61 

Erie, the Detroit River, Lake St Clair, the River St Clair, Lake Huron 
etc, etc, form the frontier of Upper Canada and of the United States. 
The left banks of these Rivers and Lakes are partly thinly and partly 
not at all settled. The interior land is almost in its natural state that 
is it is covered with woods etc. etc. 

The communication is by water on the St Lawrence, Lake Ontario 
and on the Niagara River as far as Queenstown. This communication 
is intercepted by the tremendous falls of the Niagara River, and it 
begins again on the Niagara River from Chippewa to Fort Erie and is 
continued on Lake Erie, Detroit River, Lake St Clair, River St Clair, 
Lake Huron etc. etc. 

The communication by land is a road along the River St Lawrence, Lake 
Ontario, and the Niagara River as far as Fort Erie. From Coteau du 
Lac there is a road leading through the Glingary Settlement, and falling 
into the road along the River St Lawrence about 10 miles above Corn- 
wall. Another road leads from Brockville through the back Settlements 
and falls into the above mentioned road along the River St Lawrence 
about 8 miles below Kingston. From York a road leads to Lake Simcoe 
and from thence the water communication leads into Lake Huron, the 
River St Clair, Lake St Clair, the Detroit River and Lake Erie. A third 
Road leads from Burlington Heights, through a swamp for a distance of 
7 miles (seven miles) to the Grand River, whence a road leads to Turkey 
point and Long point on Lake Erie, and another to Detroit and Am- 
rerstburg. 

The country on these roads is very thinly settled Of course troops 
cannot be maintained by the produce of the country which scarcely 
afforded, during the last war, subsistence to the inhabitants. All the 
above roads and bridges are in a very bad state ; consequently the com- 
munication by land is very difficult. 

At present the right banks of the Rivers and Lakes which form the fron- 
tier, are so thinly peopled and cultivated, that we may consider the 
extent from the frontier to the real American resources as of from 40 to 
100 miles, and this extent is covered with woods intersected by marshes 
and rivers that is it is a wilderness. Consequently on this tract of 
Land the water and land communication is very difficult. Therefore 
large Corps of American troops cannot be easily, but with the greatest 
difficulty, supplied with provisions, ammunition etc, etc that is with 
the necessaries of warfare. 

This very extent, in a state of nature, was, during the last war, the cause 
that prevented the Americans from making a long stand on any point 
of our frontier and obliged them to fall back into their own country. 
We have seen this in the Campaign of 1813, whem General Harrison 



62 THE CANADIAN HISTORICAL REVIEW 

drove our troops from Detroit to Burlington Heights. He was stopped 
in his marching to Burlington Heights by the long and bad road, and 
on account of his not being able to be supplied with provisions, ammuni- 
tion etc, etc. Farther General Brown, in the Campaign 1814, was forced 
to give up his conquests and to retreat to Fort Erie, and from thence 
into the United States on account of not having the necessary military 
supplies at hand, and to obtain them out of the United States was 
accompanied with very great expences and difficulties on account of the 
bad roads leading from the American resources through that extent of 
wilderness. 

The distance from Montreal to Coteau du Lac is about 45 miles 
" Coteau du Lac to Cornwall " " 45 " 
" Cornwall to Fort Wellington " " 50 " 
" Fort Wellington to Kingston " " 70 " 
" Kingston to the Carrying place 

in the Bay of Quenty " " 80 

" the Carrying place to York " " 100 " 
" York to Burlington Heights " " 45 " 
" Burlington Heights to Fort 

George " " 50 " 

" Fort George to Chippewa " " 18 " 

" Chippewa to Fort Erie 18 " 

" Burlington Heights to the 

Grand River " " 36 " 

" Grand River to Turkey Point " " 34 " 
" Grand River to Amherstburg " " 210 " 
" York to Lake Simcoe " " 45 " 

In a war against the United States we cannot depend upon Upper 
Canada for provisions. We must, therefore, if we intend to occupy this 
country, supply our troops from Quebec, Montreal, Kingston, York 
&c. &c, with all the means necessary for the defence of this country and 
all these supplies are almost solely to be obtained from England. 
The transport of these supplies cannot be effected by land, to the different 
posts where they are required. They can only be conveyed by water, on 
account of want of the horses, oxen and carts or wagons necessary for 
this service. The great difficulty in supplying the troops at Amherst- 
burg, Turkey point, and Fort Erie with provisions and Ammunition by 
land, turned the attention of some persons to a new channel by which 
it might be possible, to supply our troops and naval Establishment 
stationed on Lake Erie and the Detroit River with the necessaries of 
warfare. They proposed, for this purpose, a naval Establishment on 
Lake Huron to which we may almost communicate the whole way by 



BARON DE GAUGREBEN'S MEMOIR 63 

water, if we assist nature by art that is from York to Lake Simcoe 
and from hence to Lake Huron. 

By a naval Establishment on Lake Huron we obtain according to my 
opinion, the following advantages: 

1st. The Americans will be obliged to keep a strong Corps in the vicinity 
of Detroit, in order to prevent us from taking Detroit by the way of 
Lake Huron, River St Clair, Lake St Clair and a part of the Detroit 
River. 

2dly. We are able, as it appears to me, to supply this Establishment on 
Lake Huron with all the necessaries of warfare. 

3dly. From Hence we can always have intercourse with the Indian 
tribes, in order to make them our allies. Those who intend to supply our 
troops stationed on the Detroit River and Lake Erie, from Lake Huron, 
if the Americans should be in possession of Fort Erie, or if they should 
have cut off our communication between Fort Erie and Chippewa which 
may be very easily done, Those persons do not consider that the 
Detroit River at Detroit is in width of from 80 to 900 yards that is 
under the guns of Detroit. In consequence of the narrowness of this 
River at Detroit the Americans can entirely obstruct this communica- 
tion from Lake Huron to Amherstburg and Lake Erie. Consequently 
we are only capable of communicating to Lake Erie by land that is 
from Burlington Heights to the Grand River and from hence to Turkey 
point, and from hence to Amherstburg and Fort Erie by water. Is our 
Navy on Lake Erie always superior to the American Navy; I think then, 
that we can maintain this part of Upper Canada; (Namely; from Chip- 
pewa to Fort Erie, Turkey Point, Amherstburg, Sandwich, to the River 
Thames, London, Oxford, to the Grand River to Chippewa Creek and 
from hence to Chippewa again. This is the Tract of land I allude to.) 
but should the Americans, in the course of a future war, obtain the 
superiority on this Lake, it will then be impossible for us, to occupy this 
part of Canada. For, in this very instant, the American Navy will, 
every where, be on the look out, in order to prevent us from carrying 
Supplies to Amherstburg and Fort Erie, and will land flying Corps 
between Turkey point and Fort Erie, with a view to annoy or destroy 
our transports from Burlington Heights to Turkey point and if this 
cannot be done, the means of transporting all the necessaries of warfare 
in this part of the country. Consequently the question will then be: 
Shall we be able to supply our military Establishment on Lake Erie with 
all the necessaries of warfare? 

This Establishment must be considerable, if it is our positive determina- 
tion to keep possession of Lake Erie and is it considerable, I do not 
think our means of conveyance by land sufficient for supplying our large 



64 THE CANADIAN HISTORICAL REVIEW 

military Establishment on Lake Erie, during a whole war, on account 
of the facility the Enemy has, of annoying our transports and of des- 
troying, by his flying Corps, the means of transport in the country. In 
our present situation, Quebec and Montreal will be, for both Canadas, 
Kingston and York for Upper Canada, the Chief Depots. 
Cornwall, Fort Wellington, the carrying place (in the Bay of Quinte), a 
proper spot about half way between the carrying place and York where 
Batteaux, and if possible, ships of any seize can find shelter, Burlington 
Heights, Mississague Fort opposite Fort Niagara, a spot on Lake Simcoe, 
and a spot on the left bank of the Grand River in the vicinity of the road, 
ought to be intermediate Depots, in order to supply Kingston, York, the 
military and naval Establishment on Lake Huron (The proper Spot of 
this Establishment ought to be looked for on our shore of Lake Huron 
and not on Drummond's Island which is close to the American Shore 
and surrounded by it. This island may be useful as an advanced post 
for our future operations; but it will not at all be fit for our military and 
Naval Establishment on Lake Huron, on account of the facility the 
American will have to annoy our transports and to cut off our com- 
munication with Lake Simcoe &c. &c.) Turkey point, Amherstburg and 
Fort Erie. Particularly Kingston, York, a spot on Lake Huron, and 
Turkey point must be strongly fortified, in order to prevent the Enemy 
from destroying these chief Depots. Cornwall, Fort Wellington, the 
Carrying place in the Bay of Quinte, a proper spot about half way 
between the carrying place and York, a Spot on Lake Simcoe, Burlington 
Heights, a spot on the Grand River with a tte de pont, and Mississague 
point opposite Fort Niagara must be fortified, with a view to secure the 
transport against any attempt made by the Enemy, and to provide the 
troops on their march with what they want, in order to accelerate their 
operations. For celerity in military operations decides the success of 
war, if guided by wisdom and prudence. 

Five miles below Fort Wellington there is seated, in the River St Law- 
rence, Chimney Island, or Isle du Fort Levi which commands the whole 
breadth of the river, and He who occupies it, can obstruct the Navigation 
of the River St Lawrence between Kingston and Montreal. Consequently 
Chimney Island must be fortified, in order to prevent the Americans 
from taking possession of it, and with a view to enable us to obstruct 
the Enemy's navigation between Ogdensburg and Hamilton. As the 
communication between lower and Upper Canada (in our present situa- 
tion) is to be kept up by Cornwall, Chimney Island and Fort Wellington; 
it is evident that these posts must be so fortified, that the Enemy is not 
capable of taking them by a Coup de main, in order to give to our troops 
time sufficient to collect, from Lower Canada and from Kingston, a force 



BARON DE GAUGREBEN'S MEMOIR 65 

adequate, to render the Enemy's schemes abortive that is to take up 
a permanent position between Coteau du Lac and Kingston with a view 
to separate our troops in Upper Canada from those in Lower Canada; of 
course to cut off our communication between the two provinces. 

I pass over those small posts such, as Brockville, Bridge Island and 
Gananoque which secure and protect the transport of provision, ammu- 
nition, stores etc, etc, against the American gunboats, and which may 
be fortified in time of war. 

If we could establish a water communication from the Grand or 
Ottawa River to Kingston by taking advantage of the waters laying 
between Kingston and the Ottawa River, and by uniting them with 
Canals; (Is this Water communication to be established, I think the 
projected Canal from Montreal to Lachine will, then, be of no great 
military service to us. For the transport is then practicable on that 
branch of the Ottawa River which empties its waters below Montreal, 
into the River St Lawrence. This Canal will only be of real use to the 
merchants at Montreal, and in case of any disaster we meet with, during 
a war with the Americans, it will be of great utility to the Enemy.) Our 
transports from Montreal to Kingston would then be safe and the Ameri- 
cans would then find it difficult to cut off our communication between 
Montreal and Kingston; whereas it is now very much exposed and 
requires, therefore, at present so many military that is fortified 
stations. (The Indians from Lake Huron used to come to Three Rivers 
by way of the River Maskinonge when the Iroquois were in possession 
of all the course of the St Lawrence, the Island of Montreal included . 
They even penetrated with their Canoes from the Ottawa River to the 
North of the Saguenay River 30 leagues below Quebec.) From the 
head of the bay of Quinte in the vicinity of the Carrying place it may 
be possible to communicate by water to Lake Simcoe namely on the 
Saggathewigewam river, now called River Trent which falls into the 
head of the bay of Quinte, on Rice Lake, on Lake Cheboutequion, Lake 
Annequionchecon a Canal instead of the present portage, and on the 
River Talbot into Lake Simcoe. (I have been told that the Indians have 
used this navigation). 

The Outlet in the vicinity of Burlington Heights ought to be fortified, 
with a view to secure our boats carrying provisions, ammunition and 
troops from all danger. Mississague Point, opposite the American Fort 
Niagara, is fortified with a view to prevent the Americans from taking 
possession of the Niagara harbour, and to support our military Operations 
on the Niagara frontier. 

On Queenstown Hill a work ought to be erected, in order to hinder the 
Americans from landing troops at Queenstown and from separating our 



66 THE CANADIAN HISTORICAL REVIEW 

troops between Chippewa and Mississague (Had Mississague point been 
fortified in the begining of the last war, the American would not have 
ventured, in May 1813, to fight our troops, and we should not have been 
compelled to retreat before the Enemy. For the American fleet, Fort 
Niagara and the Enemy's batteries on the right bank of the Niagara 
River played upon the front, right flank and rear of our troops, while 
the American troops actaked the left flank of our position. Had Queens- 
town Hill been entrenched, in the Year 1812, the Ameicans would not 
have crossed the Niagara River at Queenstown, and it would (if the 
American troops had been well disciplined and well led), be above all 
conception, how it was possible for them, to lose the day, as they had 
the advantage of the ground ; they saw the approach of our troops coming 
from Fort George, and they could encounter us, before we gained the 
summits of the mountain, or Queenstown Hill.) Chippewa must be 
fortified with a tete de pont and a work on the left bank of Chippewa 
Creek, in order to prevert the Americans from coming [on] our troops 
stationed on the Niagara frontier in flank and rear. For the position 
from Chippewa to Mississague Fort can be easily defended against a 
superior Enemy (T'he part of this position between Chippewa and 
Queenstown cannot be attacked, the distance of which is 11 miles, and 
the distance of the other part of this position, namely, between Queens- 
town and Mississague Fort is 8 miles, which is the only one in front to 
be attacked ; but not without preparations consisting in boats ; of course 
this attempt cannot be executed without being previously discovered 
by our troops. Therefore the commanding officer at this Frontier has 
time enough to take the proper steps to render the American undertaking 
abortive. For the crossing of the Niagara River takes a great deal of 
time and can only be done successively. This would afford an oppor- 
tunity to our troops, to engage the Enemy in detail, and destroy him, 
even if he is superior in numbers. But to gain this advantage, it is 
requisite that our troops be very vigilant and active, and the commanding 
officers men of talents, judgment, intrepidity and activity. The right 
flank of this position is covered by Chippewa creek. Should the enemy 
make any attempt on this flank, he must build bridges, or rafts, to cross 
his troops, and this costs so much time, that our troops would be capable 
of appearing here in sufficient strength, to obstruct his design, by engaging 
the Enemy before his whole force had crossed. Consequently our troops 
would, in all probability, if well headed, repulse and beat the Enemy. 
For only those military dispositions are well combined, by which our 
troops are enabled to engage the Enemy with superior strength, and 
this is possible, when we attack him before his whole force is collected 
and formed against our attack. This must, therefore, be the Chief study 



BARON DE GAUGREBEN'S MEMOIR 67 

of a commanding Officer) Fort Erie must be fortified (if we intend to 
keep Lake Erie) , in order to be master of this harbour, and Amherstburg 
must be put in a state of defence, in order to have the command of the 
Detroit River between Lake Erie and Fort Detroit. The Detroit River 
is at Amherstburg about three miles wide, but the Channel is within 
the range of a musket shot from Amherstburg, which is, therefore, in 
some respects the key of the higher Lakes against the Americans. At 
present the American settlements are at a very great distance from the 
higher Lakes; consequently the communication must be partly by land 
and partly by water, of course accompanied with great difficulties; 
whereas it is by Lake Erie, Detroit River, Lake St Clair, and River St 
Clair without any great obstacle. These fortified places may be manned 
partly by Militia and Partly by Regulars; in order to be able to keep up 
flying Corps at Fort Wellington, Kingston, York, Burlington Heights, 
Queenstown, and Turkey Point. These flying Corps are destined to oppose 
the Enemy's operations by rapid marches, in order to endeavour to 
render them abortive in their commencement, or before the Enemy is 
prepared, or to unite themselves, if the Enemy should be prepared and 
superior in strength to one, or two of these flying Corps, in order to be 
strong enough to attack him, in all probability, with success. 
As it is to be apprehended that the Americans will, with all possible 
dispatch, cultivate and people their frontier, in order to have the neces- 
sary resources at hand in a future war, with a view to take, the easier, 
possession of Canada, and to maintain themselves in their possession, we 
ought to do our utmost, to prevent this, by laying our frontier waste 
and by converting the extent of 40 miles from the frontier towards the 
interior into a wilderness, destitute of roads and settlements. If we 
establish our settlements at this distance from the frontier in the interior 
of Canada, we shall be able to oppose the Enemy's schemes, and frustrate 
his operations. For by this proceeding we oblige him to act in small 
corps on account of the difficulty of his subsisting. But should this 
proposal appear too cruel, I think Orders ought then be issued, that no 
person whatever shall clear and cultivate any more of his lands, within 
the distance of 40 miles from the frontier, than he has already really 
done (As some people always require the authority of some great men, 
I think it well, to quote what Carnot's opinion is about the defence of a 
frontier. He expresses himself thus on this subject: "Si de grandes 
chaines de montagnes, d'immenses forets, des deserts arides, des marais 
impracticabiles, ou la mer separent les frontieres de ces differentes puis- 
sances ; Ces obstacles seront des fortifications naturelles superieures a tous 
les travaux de I'art; mais si les lignes de demarcations sont 6tablis au 
milieu des plaines fertiles, traversed par des communications faciles, il 
faudra suppleer par des travaux d'industrie a ces defenses naturelles". 



68 THE CANADIAN HISTORICAL REVIEW 

"Des retrenchements continus, ou murailles non-interrompues, comme 
celle qui borne la Chine au Nord, seraient des ouvrages trop dispendieux, 
trop difficiles a garder dans toute leur etendue: et il suffirait que 1'ennemi 
les eOt forces en un point pour qu'il en ffit le maitre par tout. Le besoin 
et la reflexion ont bientot fait sentir, qu'il vaut mieux se borner a garder les 
points principaux par des places isolees, dans les quelles on rassemble tons 
les moyens necessaires a une defence locale, et qui quoique separees, n'en 
font pas mains Veffet d'une ligne continue: parceque si Vennemi voulait 
penetrer dans les intervalles, il se trouverait expose a etre harcele sur ses 
derrieres, et coupe par les garnisons de ces places, qui se repanderaient dans 
ces intervalles et rendraiant la retraite impossible ou du moins tres-peril- 
leuse." &c &c &c". 

Experience has proved that a regular cordon of strong places properly 
distributed on the frontiers, was the surest expedient of preserving a 
country from all hostiles schemes. For these most important points 
are preserved by a few of our troops, in order to enable our whole force 
to collect in time, with a view to take advantage of any favorable moment. 
But this requires discernment, presence of mind at the time of danger, 
activity, perseverance, and intrepidity in the Commanding Officer. Is 
this the case, the fortified places will admirably support the Operations 
of an Army against an Enemy superior in numbers, and the Engineer 
Officers will then be highly esteemed, admired and supported. Therefore 
I conclude with the following motto: 

No Genius, no Honor.) 

From this new line towards the interior Industry ought to begin and be 
encouraged to the utmost, in order to gather with every year strength, 
and to remove our subjects (who ought to be kept in good discipline) 
from those turbulent Americans, with a view to make strangers of them. 
For too great a familiarity among subjects of two different nations is 
not adviseable The most powerful is reaping, in the end, the benefit 
from this intercourse of familiarity. Those people who are the remotest 
from each other fight with the greatest rage against each other This 
is a truth which history and experience have taught. 
People speaking the same language, having the same laws, manners and 
religion, and in all the connections of social intercourse, can never be 
depended upon as Enemies. The minority will always be brought over 
by the majority: particularly if the system of Government of the latter 
is the most favourable to the gratification of the passions of the lower 
Orders of the people. 

. I do not mention any thing about the defence of lower Canada. I 
refer only to the Memoir I wrote on this subject. 
November the 10th 1815 DEGAUGREBEN 

Quebec Capt. Royal Ger: Engineers 



CORRESPONDENCE 



CANADA AS A VASSAL STATE 

To the Editor of THE CANADIAN HISTORICAL REVIEW : 

Professor MacMechan, in the December issue of THE CANADIAN 
HISTORICAL REVIEW, draws what appears a true, if pessimistic, picture 
of the unpatriotic conduct of the Canadians who copy servilely every- 
thing "Yankee". In literature, in newspapers and magazines, in educa- 
tion, in sports, in fraternal organizations, he says, there is nothing "new" 
in Canada, and he brings abundant proof to sustain his views. He even 
agrees with the author of the True History of the American Revolution, 
who asserts that the Canadian is "tame and little inventive", and he 
asks : ' ' Why must we be always borrowing ideas from our big neighbour ?" 

After reviewing all these facts, he finds but one favourable element 
to confront them "a viewless force making for national unity, not only 
strong enough to resist the drag towards absorption in our neighbour 
state, but to create a national spirit, a national character, a national 
unity. That spirit is now more potent, that character more clearly 
defined, that unity more compact than ever before." 

This "viewless" and apparently nameless force, what is it? Is it 
not that which is commonly known as patriotism? The only proof, how- 
ever, brought forward by Professor MacMechan of the working of this 
force, is the glorious part taken by Canada in the Great War. Yet this 
participation in the Empire's battles seems a very weak antidote to 
counteract the effects of the poisonous draughts so generously poured 
in our cup by our loving neighbour. Is there really no other factor which 
may help us to resist the pernicious influences which Professor MacMech- 
an so ably and so gloomily depicts? If there were not, one might well 
despair of our future as a nation, for the lessons taught by a war are soon 
forgotten, even when they are well understood. The people's mind is 
very apt to lose sight of them in the daily growing struggle for existence 
and the pursuit of the "almighty dollar". 

Fortunately, there is another potent influence at work, with which 
the learned Professor seems unacquainted, for he utters not a word 
about it. He seems to possess but one pair of spectacles, and these 

69 



70 THE CANADIAN HISTORICAL REVIEW 

appear to have been manufactured in England, not "made in Canada". 
Let him take off his spectacles, or exchange them, and let him look 
nearer home; he will then, if he is not blind himself, see at his very elbow 
other than English-speaking Canadians. He may even new Columbus 
discover the existence of the French-speaking Canadians, who number 
one-third of the population of the country, and to whom his remarks 
do not in the least apply. 

Is this omission due to mere absence of mind, to mere forge tfulness, 
or to prejudice? Unfortunately Dr. MacMechan is not alone in his 
views, or should I say methods? Seeing how persistently most of our 
Anglo-Canadian writers ignore French Canada in all that pertains to 
the national life of the country, one would be inclined to think that these 
views, or methods, form part of a systematic attempt to disregard the 
existence of the French-speaking population of Canada in all studies of 
the problems affecting the welfare of our beloved country. But a truer 
view of the case is, I believe, that this very common omission is due to a 
lamentable lack of knowledge, the result of a faulty national education. 
French Canada is an almost unknown quantity to a large number of 
Anglo-Canadian writers. If this be the real cause, as I have no doubt it 
is, a better knowledge of French-Canadian literature, aspirations, and 
ideals, a greater interchange of ideas with the French-Canadian writers, 
would surely create a better understanding among the Canadians. A 
real entente cordiale, such as they have "beyond the sea", would be 
possible and it would help greatly to solve the Canadian problem. 

The French Canadians were sons of the soil of Canada long before 
the English and Americans invaded the country. Their ideals differ 
widely from those of the latter, and they do not see that they could gain 
by breaking the tie that unites them to Great Britain for annexation 
to the United States. Did they not fight in 1775-76, in 1812-14, and were 
they not again ready to take up arms in 1866 and 1870 to defend the 
country against the invaders? Their religion, their language, their 
customs, their education, are all so dissimilar from those of our neighbours 
of the great Republic not to say antagonistic that they seem to con- 
stitute an insurmountable barrier to annexation. If Anglo-Canadian 
writers would only open their eyes to the light and look about, they would 
soon perceive that in this fact lies much more hope for the future of the 
country than they ever dreamt. 

This influence of the French Canadians is not restricted to the 
province of Quebec. Under the Union, from 1841 to 1867, or more 
properly speaking since 1848, they have shared with the English-speaking 
element, on an equal footing, the government of Canada. From Lafon- 
taine, who joined hands with Baldwin to establish responsible govern- 



CORRESPONDENCE 71 

ment in the country, through Sir George Etienne Cartier, who made 
Confederation possible, down to Sir Wilfrid Laurier, who governed the 
Dominion as prime minister for the space of fifteen years, the French 
element has done its due share towards the advancement and the material 
development of the country. Important groups are to be found in the 
maritime provinces, in Ontario, in Manitoba, in the other prairie pro- 
vinces, and even in British Columbia. 

Even in the spheres of activity which were so long regarded as belong- 
ing exclusively to the English majority, such as commerce, industry and 
finance, the French Canadians have now their representatives who figure 
among the leaders. It is only recently that Sir Lomer Gouin, the ex-prime 
minister of the province of Quebec, has been placed on the board of 
governors of the Bank of Montreal, the leading British institution in the 
country. Indeed, it is becoming the fashion in Ontario to direct the eyes 
of the rest of the country to Quebec, where, owing to the wealth of 
resources and the absence of labour troubles, development is being 
carried forward at a rather bewildering pace. 

Does not all this go to show the ever-increasing part the French 
Canadians are playing in the life of the country? And is it not time that 
their influence be recognized and given the place which properly belongs 
to it. In union is strength ; and the stronger the bond of sympathy and 
understanding between the two great peoples which form the population 
of Canada, the more force there will be to defeat any annexationist 
movement or tendency. 

The wish of some people that Canada should for ever remain a 
dependent or a vassal of England may or may not be realized. The 
country is growing and may some day, more or less remote, desire to 
cast off its swaddling-clothes, to act the part of a grown-up, to govern 
itself without the intervention of outsiders, and to live its own life un- 
trammelled. 

Cet enfant a grandi ; c'est un homme robuste 
Qui porte ecrit au front son origine auguste. 

The coming of the day of annexation to the United States is, however, 
from the French-Canadian point of view, yet much further remote than 
that of independence, if it be not impossible of realization. 

As it is, under the constitution which governs us, the French element 
has some rights and privileges, and still enjoys some liberty in its religious, 
its educational, and its linguistic domains, although these have been, and 
are still, very sharply assailed in some of the English provinces. But 
what would be the status of the French population under the Stars and 
Stripes? Would it be improved, or would it be worse than the present 
one? Would the French Canadians gain or lose by the change of allegi- 



72 THE CANADIAN HISTORICAL REVIEW 

ance? No doubt can be entertained in the matter. Theirs would be a 
great and irreparable loss. They would simply be engulfed in the great 
American whirlpool; they would be drowned and would disappear en- 
tirely, and for ever, in that deadly maelstrom. Is this a desirable fate 
from a Canadian point of view? By no means. The French-Canadians 
cannot connive at their own destruction. 

What the French Canadians contend against, at present, is not the 
British connection. It is merely, as Dr. MacMechan puts it, that they 
fear "being dragged at the wheels of Empire". Canada is their home, 
their only home; and they are satisfied to remain Canadians even under 
the British crown, 

Malgre le vent d'hiver hurlant sur les toitures, 
Malgre les tourbillons qui d6robent les cieux. 

They are loyal subjects of the King, but they are not, and cannot be, 
Imperialists. 

To come back to the American influences which Dr. MacMechan 
shows so clearly at work among the Anglo-Canadians, whether they have 
much force and really produce Americanization amongst them, it is not 
for me to decide; but they do not, and certainly cannot, affect their 
French-speaking brothers; and in this indisputable fact, perhaps, lies 
the secret of the future of Canada. 

In writing thus, I am not actuated by the mere boyish pleasure of 
casting stones in my neighbour's garden. My aim is higher; it tends to 
enlarge the scope of the study of our national problems, to cause more, 
and a better, light to be thrown on them, so that they may be examined 
in a more practical and efficient manner, that is to say: by visualizing 
them from a broader angle, from the national, instead of a narrow 
provincial or racial point of view. 

Sachons 6tre un peuple de freres 

Sous le joug de la Loi; 

Et repetons, comme nos peres, 

Le cri vainqueur : Pour le Christ et le Roi ! 

FRANCIS J. AUDET 



To the Editor of THE CANADIAN HISTORICAL REVIEW : 

There is one sentence in Professor MacMechan's article, Canada as 
a Vassal State, which calls for a note. He asks: "Does any sane man, 
woman, or child really believe that Great Britain would send one ship, 
or fire a single gun, to retain our country in the bonds of unwilling 
allegiance?" This is not a natural question. It assumes unanimity as 
to future destiny in a country possessing already more than eight millions 
of people. Surely there would be a difference of view and probably a 



CORRESPONDENCE 73 

serious one. The analogy of the American Revolution presents what 
would be the real situation. Many years ago Goldwin Smith wrote a 
provocative article in the Fortnightly Review on the manifest destiny of 
Canada, and a reply was penned by Sir Francis Hincks, who, although 
not a Canadian by birth, exhibited a clearer insight into Canadian feeling 
than the Oxford professor. Goldwin Smith afterwards reprinted in one 
volume his essay, Hincks's reply, some remarks on that reply, and also 
Lord Blachford's well-known views. It is an interesting little book to 
read now. Hincks concluded his reply in these words: " I do not believe 
in the probability of a complete change of allegiance being brought 
about in any other way than as the result of a civil war, a calamity so 
fearful that it will not be hazarded unless some serious misunderstanding 
should arise between the two governments, and I cannot conceive that 
any such contingency is at all probable. " While not a great man, Hincks 
was clear-headed and experienced. In commenting upon Hincks's 
criticisms, Goldwin Smith touched every point of importance excepting 
the one here quoted. That he entirely ignored. It is practically un- 
answerable. To the end of his days Goldwin Smith contended that his 
advocacy of annexation was based on "a peaceful separation". In my 
judgment no convincing case has ever been made out for separation 
without the clash of arms. 

A. H. U. COLQUHOUN 



REVIEWS OF BOOKS 



Histoire de la marine fran$aise. Par CHARLES DE LA RONCIERE. Tome v : 
La Guerre de trente Ans: Colbert. Paris: Librairie Plon. 1920. Pp. 
748. (40 fr.) 

M. de La Ronciere, the Keeper of Printed Books at the Bibliotheque 
Nationale at Paris, has managed, in spite of the war, in which he lost a 
brother to whom he dedicates this volume, to continue his researches 
into the history of the French Navy. In this volume he describes the 
naval history of France from 1635 to 1683. Thanks to the years spent 
by him on the staff of the MSS. Department of the Bibliotheque 
Nationale, during part of which he was in charge of the Geographical 
Section, he has been able to familiarize himself thoroughly with all its 
great naval treasures. The references at the bottom of each page reveal 
many books and publications unfamiliar to the ordinary student, and 
yet, as the author once informed the writer, these represent but a portion 
of the works which have been consulted. M. de La Ronciere's reading 
is exceptionally wide, and his mastery of the details of such a great subject 
surprisingly complete. By means of an excellent critical method he 
is able to handle this mass of material with great skill, and to present 
the story of the French Navy in an attractive and scholarly manner. On 
each page are verbatim quotations from the sources which show how 
closely these have been followed, and which give to the description of 
the French Navy at that time a distinct flavour of the period. 

Whether M. de La Ronciere has not perhaps followed tradition 
rather too closely and paid too great attention to naval engagements, 
must be a matter of opinion. To some students the economic features 
appeal more strongly than such headings as Guerre de trente ans (pp. 1- 
146), Guerre avec I'Espagne (pp. 147-225), Guerre de Candie (pp. 242-305), 
Guerre e*'r,e la Hollande et VAngleterre (pp. 441-491) and Guerre de 
Hollande (pp. 526-577). Champlain was of opinion that commerce was 
a nation's "principal source of comfort, wealth and honour", and that 
it was only when commerce thrived that the navy became powerful. 
M. de La Ronciere believes that bravery at sea is closely akin to that on 
land, and treats of the navy as a school of valour. 

At the time of the death of Richelieu, on December 4, 1642, France 

74 



REVIEWS OF BOOKS 75 

was powerful both at home and abroad. The outbreak of civil war, 
however, shattered the edifice so laboriously erected. On the death of 
Mazarin in 1661, France had neither money, nor. ships, nor sailors. 
"Sire," said Mazarin, on his deathbed, "I owe everything to you, but 
I repay you partially in giving you Colbert." 

To Colbert, Mazarin's "domestic", the son of a Rheims tradesman, 
was due the restoration of the French Navy. Thanks to him Fouquet's 
insurrection was nipped in the bud and discipline was gradually restored 
throughout the service. A captain whose ship was wrecked in the harbour 
of Havre during his absence, was ordered to be beheaded. "It is a 
Captain's duty," wrote Colbert, "to blow up his ship rather than to 
endure the shame of surrendering it into the enemy's hands." 

Colbert's path was strewn with difficulties. 'It was not until 1680 
that he was able to induce the King to pay a visit to a man-of-war. In 
that year, when at Dunkirk to examine Vauban's fortress, the King was 
at length induced to go on board L'Entreprenant. He and his courtiers 
were much struck with the precision of the crew's drill. Beating to 
quarters and clearing for action delighted the Grand Monarque. "Hence- 
forward," said he, "I shall have a better idea of the meaning of the 
naval dispatches which are laid before me." 

With these Colbert always took great pains. Having carefully read 
and re-read them, he had long extracts made which every Friday were 
laid before the King along with the drafts of the replies. Colbert gradu- 
ally obtained his own way, and little by little France's naval strength 
was restored so that, by 1683, instead of the eighteen ships available in 
1661, France could boast of some one hundred and seventeen ships of 
the line. For these it was not always easy to find officers. Madame de 
Maintenon, though herself a convert from Protestantism, had none of 
Colbert's tolerance, and from 1680 until the Revocation of the Edict 
of Nantes did her best to drive the Protestants out of the Navy. In this 
way France lost the services of some of her most capable officers. 

To provide the sailors for these ships, Colbert introduced the In- 
scription Maritime, or naval roster, whereby every sailor was called 
upon to serve for a time in the Royal Navy. Only those groups which 
were not required for the Navy were at liberty each year to offer their 
services in the merchant service. 

Before Colbert's time there were no arsenals. Rigging, guns, and 
tackle were collected in certain ports, but being unguarded were pillaged 
without let or hindrance. Colbert employed Vauban to construct proper 
fortifications at Dunkirk and Brest, while Swiss soldiers were placed in 
charge of all naval stores. Brouage, Champlain's birthplace, having 
become a second Aigues-Mortes, a site was sought for another arsenal 



76 THE CANADIAN HISTORICAL REVIEW 

on the west coast. When ,M. de Cheusses, the owner of Rochefort, 
refused to sell this site, Colbert de Terron persuaded the Court that no 
other place was so suitable. It was therefore seized, and the arsenal 
of Rochefort built at enormous cost. On its completion the discovery 
was made not only that the Charente was too shallow to float the larger 
vessels, but also that, owing to a bend in its course, it could only be 
navigated with the wind from two quarters. "It is the fate of public 
affairs," thereupon wrote Saint-Simon, "to be always directed by 
private interests." 

It will surprise Canadians to discover that in this volume the colony 
of New France is mentioned very seldom. The truth is that in the eyes 
of the world at that time the West Indies loomed far larger than the 
fur-bearing wilds of Canada. Moreover the Company of New France 
had been so unsuccessful that in 1663 the colony had been transferred 
back to the King. 

A book of this sort is a great help not only for the general picture 
which it gives of the former Colonial Empire of France, and of the" 
relative importance then attributed to each section, but also because 
it offers the very great advantage of enabling the reader to follow the 
whole career of many French officials who suddenly cross the stage of 
Canadian history without our knowing whence they came nor whither 
they go. A case in point is that of Le F&bvre de La Barre, who governed 
New France from 1682 to 1685, but of whom in Canadian histories we 
are merely told that he had formerly been a naval officer. In point of 
fact, La Barre had originally been a Maitre des requetes, and took to sea 
rather late in life. His success as a naval officer was considerable. In 
April, 1667, off Nevis in the West Indies, he commanded the 24-gun 
Armes d'Angleterre which, with a crew of only 110 men, defeated and 
sunk the Colchester of 44 guns, manned by 300 men. In the following 
month, in trying to force the English blockade, La Barre in the Lys 
Courronne of 38 guns sustained the fire of six British men-of-war of from 
48 to 50 guns each. His secretary, his maitre d 'hotel, and a score of officers 
and men were killed at his side, and he himself was wounded. Again 
at the end of June at Fort St. Pierre he bravely engaged Admiral John 
Harman's forces, but he allowed the latter to draw his fire and to exhaust 
his ammunition, so that his captains on Harman's return had no alter- 
native but to scuttle their ships and escape to the shore. By the treaty 
of Breda, however, Harman's conquests were given back to France. 

M. de La Ronciere also rescues from oblivion the interesting career 
of Captain Nicolas Gargot, who in 1638 was appointed Commissaire et 
garde des magazins in Acadia. Early in life, at a siege in Lorraine, Gargot 
had lost a leg which he had replaced with a wooden one. In 1653 he 



REVIEWS OF BOOKS 77 

attempted in vain to blockade twenty-three Spanish ships in Placentia 
harbour. On the way back to France his crew, who were on very short 
rations in consequence of this blockade, mutinied. Gargot, using Four- 
nier's great Hydrographie folio as a shield, held them at bay until he 
discovered that his Turkish servant, who had hidden his wooden leg, 
had also tampered with his pistols. Wounded in twenty-three places, he 
was carried by his crew as prisoner to Sanlucar, where, however, he 
proudly refused to betray his country or to accept a high naval post in 
the Low Countries. Eventually he was again set free, and in 1660 he 
was made Governor of Placentia. His Memoires, a quarto volume of 
155 pages published about 1665, is extremely rare, and would form an 
excellent addition to the publications of the Champlain Society. 

H. P. BlGGAR 

Des Influences fran$aises au Canada. Par JEAN CHARBONNEAU. Tomes 
MIL Montreal: Librairie Beauchemin. [1916-1920.] Pp. 226; 
375; 318. ($3.15.) 

THE author of this long, discursive work is rather a poet and moralist 
than an historian. Volumes I and II are occupied for the most part with 
literature, the poets being treated in the first volume, the novelists, 
historians, and journalists in the second; although systematic separation 
of the different categories is not completely followed. M. Charbonneau 
is himself a poet with several volumes of verse to his credit, and was 
founder in 1895 of a group of poets called the "Ecole litteraire de Mon- 
treal". He has read the poets of France very widely and studied the 
great critics of that country from Boileau to Bruneti^re. Hence he is 
well qualified to speak of the poets of French Canada, particularly of 
the young generation, with most, or all, of whom he is intimately ac- 
quainted. If he had taken the trouble to be more systematic in his treat- 
ment, he might have given us a compendium of great value. Even as 
they stand his pages may be consulted with profit by serious students of 
literature. 

The treatment of the historians and novelists in volume II is, as was 
rendered necessary by the extent of the subject, much too succinct to be 
of great service to the reader in search of full information. 

The discussion of journalism is much more satisfactory. M. Char- 
bonneau notes that "real literary journalism, which is busy with the 
things of the mind, tends more and more to disappear" (II, 303). The 
old journals of the early nineteenth century aimed at a more elevated 
product than those of to-day. He speaks admiringly of Arthur Buies and 
of Etienne Parent, the father of French-Canadian journalism, and regrets 
the "times when journalism was independent of all speculation, when it 



78 THE CANADIAN HISTORICAL REVIEW 

was able proudly to place its power above base compromises and material 
interests" (II, 305). Now in the beginning of the twentieth century a 
class of writers has arisen who "manufacture an article as they would 
manufacture cheap furniture, dresses, agricultural implements, or articles 
of shoddy" (II, 312). Journalism has become as it were " the cinemato- 
graph or the phonograph of daily occurrences. It neglects intellectual 
interests but unfolds, in numerous columns, the greatest number possible 
of sensational happenings, in order to strike perverted imaginations 
with greater force" (II, 318). Frank, pointed speech like this is both 
true ajid timely. 

The third volume is mainly devoted to the political history of Canada, 
which, according to our author, has for its centre the conflict between 
what he calls at page 29 the volonte de conservation on the part of the 
French Canadians, and the volonte de domination on the part of the 
Anglo-Saxons. There can be no doubt that here we have one of the 
most important factors in the political situation of Canada. But it seems 
clear that M. Charbonneau makes too much of it. It is surely an ex- 
aggeration to say that in the troubles of 1837, and in the agitations of 
the time of Lord Metcalfe (1844) and of Lord Elgin (1849) we can explain 
everything by referring to the misunderstandings between French and 
English Canadians. There surely was, as Ontario people believe, a 
struggle with respect to responsible government. It is possible that the 
Upper Canadian orators and writers have been too prone to ignore the 
race element involved in these disputes, but it is also possible that the 
historians of Quebec have neglected to take full account of the part 
played therein by Upper Canadian aspirations for a larger measure of 
political autonomy. We are thankful to M. Charbonneau, however, for 
calling our attention in even an exaggerated manner to the "race prob- 
lem", for no person can understand Canadian history and actual politics 
who overlooks it. 

Another of the leading ideas of the book is that, during the late war, 
it was the union of the Latin races which triumphed over the attempted 
despotism of Pan-germanic ambition, and thus made peace more secure 
for the world by the protection of the small nations. One is puzzled at 
first by remembering that Spain, a Latin nation, remained neutral, and 
that Britain and the United States, generally considered non-Latin 
nations, participated in the war. The matter is cleared up, however, 
by our author farther on, at least as far as England and the United States 
are concerned, by a classification which places the two last-mentioned 
nations amongst the Latin peoples. We see here another example of the 
dangerous habit, so common with many, of intermingling quasi-ethno- 
logical considerations with the facts of history. But it is better to have 



REVIEWS OF BOOKS 79 

confused things a little than to have put French and English Canadians 
in opposed categories, as is the habit sometimes with the Nationalists of 
Quebec, and we are grateful to M. Charbonneau for it. 

J. SQUAIR 

The Cross-Bearers of the Saguenay. By the Very Rev. R. W. HARRIS. 
London and Toronto: J. M. Dent & Sons. 1920. Pp. 202. ($2.00.) 
DEAN HARRIS is well known as a writer of popular history, and his latest 
book is an eloquent and vivid account of the early missionaries among 
the Alg6nquins in Quebec, and of Indian customs. The popular narra- 
tive is set in florid descriptions of natural scenery. For the reader entirely 
unacquainted with the history and traditions and for students in high 
schools the book ought to prove useful and inspiring . In spite of repe- 
titions and of an irritating peculiarity of style which seeks to provide 
for almost every noun a superlative qualification, the book possesses 
interests which belong to sincerity and enthusiasm. 

From the historical point of view the book contains nothing new. 
Dean Harris re-works the well-known material, which he apparently 
accepts without criticism. This is specially true of the Jesuit Relations. 
We have noted a few errors. On page 7, the title of Father Campbell's 
book is incorrectly given. In the title of M. Buies' book, "la Basin" 
(p. 44) ought to be "le Bassin". There is an apparent contradiction 
about the first mass said in Canada between the text of page 24 and the 
note on page 51. Some of the few references are vague: e.g., " Father G. 
Marest, Lettres Edif." (p. 121). 

The illustrations are interesting. The mechanical side of the book is 
excellent. There is no bibliography, and there is no index. 

W. P. M. KENNEDY 

Histoire du Canada. Par FRANQOIS-XAVIER GARNEAU. Cinquieme Edi- 
tion, revue, annotee, et publiee par HECTOR GARNEAU. Tome II. 
Paris: Felix Alcan. 1920. Pp. xii, 748. (30 fr.) 

THE appearance of this, the second and concluding volume of Mr. Hector 
Garneau's revised edition of his grandfather's work, has been delayed 
by the war, part of it having been in print since 1914. It merits the same 
praise as did the first volume, which appeared in 1913, and was reviewed 
in the Review of Historical Publications relating to Canada, Vol. XVIII, 
p. 23. The work of F.-X. Garneau has been thoroughly brought up to 
date, and it is a tribute to its essential greatness that its main features 
have been retained. The wide reading of Mr. Hector Garneau, alike in 
published and unpublished sources, has altered numerous details, but 
the perspective remains largely Unaltered. Of course, some important 



80 THE CANADIAN HISTORICAL REVIEW 

chapters have been re-written in the light of later discoveries. Thus the 
account of the siege of Quebec diametrically reverses the r&les of Vau- 
dreuil and of Montcalm. "To complete the disgrace, it was on the 
evening of the 12th September that Montcalm, without informing the 
Governor, recalled the regiment, which he had finally consented to send 
to the Heights two days before" (Garneau: Vol. II, p. 332, edition of 
1859). "By a singular fatality, it was on September 12th 'that Vaudreuil, 
again setting himself in opposition to the orders of Montcalm, forbade 
the Guienne regiment to occupy the Anse au Foulon" (Vol. II, p. 246, 
edition of 1920). 

The expulsion of the Acadians is also largely re-written, though Mr. 
Hector Garneau might have profited even more than he has by the work 
of Dr. Doughty. He does not make it quite clear that "the thing was 
done by Lawrence and his Council without the authority or knowledge 
of the home Government" (Doughty, The Acadian Exiles, p. 119), and 
it would have been fairer to the American colonies, who treated the exiles 
so harshly, to point out that nowhere were the fugitives pillaged so 
mercilessly as by Bigot and his gang at Quebec (Doughty, op. cit., p. 151). 

But, on the whole, Mr. Hector Garneau has done his work with 
erudition, and with skill. Such a note as that on Voltaire in Appendix I 
must have meant hours of work, and is valuable both as giving chapter 
and verse for the celebrated utterances of the philosopher on the worth- 
lessness of Canada, and also as showing that Voltaire did not stand alone 
in his opinions, but only in his faculty for expressing them epigram- 
matically. 

The only real criticism to be made is rather of the publisher than of 
the editor. Both volumes, the second especially, though well printed in 
admirable type on good paper, are too big to be read with comfort. To 
have broken them up into three volumes of 500 pages each would have 
been a real boon. That the publishers did not see their way to do so is 
the more surprising since the present volume lacks an index, which we 
are promised under a separate cover. 

It is their tenacity after the conquest rather than their valour pre- 
vious to it which makes the French in Canada really remarkable. Garneau 
showed his sense of this when he brought his work down to 1840, instead 
of stopping at 1763, as do to this day most of his competitors. Will not 
Mr. Hector Garneau, evidently as learned an historian as his grand- 
father, as true and as enlightened a lover of his race and his religion, yet 
with the same sympathy for British ideals of liberty and of justice, bring 
F.-X. Garneau's work up to date, in an even deeper sense than he has 
done, by writing at least one other volume, if not two, on the story of 
Canada between 1840 and 1914. He would doubtless bring on himself 



REVIEWS OF BOOKS 81 

much criticism, alike from the Orangemen and from the hierarchy; but 
did not his grandfather the same? 

W. L. GRANT 

Histoire du Mada-waska. Par 1'abbe THOMAS ALBERT. D'apres les 
recherches historiques de PATRICK THERRIAULT, et les notes manu 
scrites de PRUDENT L. MERCURE. Quebec: Imprimerie Franciscaine 
Missionaire. 1920. Pp. xxiii, 448. (12.50). 

IT is a lamentable fact that in many parts of Canada county history has 
been sadly neglected. In New Brunswick the history of the province as 
a whole has received some attention, and in this connection the following 
names are worthy of honourable mention : Peter Fisher, C. L. Hatheway, 
Robert Cooney, James Robb, Abraham Gesner, Moses Perley, Alexander 
Munro, Wedderburn, Hannay, Lawrence, Edward Jack, Hay, D. R. 
Jack and a few others of later date. But county history has not received 
the attention that it has in the neighbouring province of Nova Scotia. 

Until within a year past the only municipal division of New Bruns- 
wick of which the history had appeared in book form was the city of 
St. John. Here the history was attempted, some thirty-five years ago, 
by the late D. R. Jack, who was then little more than a school-boy. 

Some highly creditable attempts have been made from time to time 
in various periodicals and in local newspapers to supply reliable informa- 
tion concerning the history of certain parts of the province; one of the 
most valuable contributions of this nature being that of James Vroom 
on "The History of the County of Charlotte", published in the St. 
Croix Courier some twenty-five years ago. 

But the fact remains that until 1920 no county history has appeared 
in book form save Mr. D. R. Jack's rather inadequate little history of 
St. John. 

It is remarkable that when, "after many days", another book of the 
kind appears it should deal not with one of the old and well-known 
counties, but with the youngest of them all, the county of ,Madawaska. 
It is no less remarkable that it should be the work of men of Acadian 
ancestry, natives of Madawaska, and should be printed in their mother 
tongue, which is not English, but French. 

The initial step in this achievement should be credited in all fairness 
to a young school-teacher, M- Prudent L. Mercure of St. Anne de 
Madawaska. Some twenty years ago the present writer had the pleasure 
of furnishing this young man with such information as he then possessed, 
and of stimulating him in the task of collecting more. 

Madawaska, in the course of time, has experienced the fate of the 
ancient kingdom of Poland, and to-day it recalls the familiar words, 



82 THE CANADIAN HISTORICAL REVIEW 

"Omnis Gallia est divisa in paries tres". The Madawaska of to-day in- 
cludes Madawaska, N.B.; Madawaska, Maine ; and Madawaska, Quebec. 
The facts concerning the early history of this three-fold district were 
gleaned chiefly by M. Mercure, but he had also the valuable help of 
Senator Therriault of Lille, JMaine, and a few others. The accumulated 
materials have been discreetly edited and put in good literary form by 
the Abbe Thomas Albert of Shippegan, Gloucester Co., N.B. The abbe 
himself as a native of Madawaska has doubtless found the writing 
and editing a not uncongenial task. M. Mercure died recently, while 
in the employ of the Department of Canadian Archives at Ottawa, and 
unfortunately did not live to see the publication of the book. 

The consummation of the undertaking, therefore, has been due mainly 
to the public spirit and generosity of Senator Patrick Therriault. 

No attempt can be made here to enter into any elaborate discussion 
of this very interesting book, but some idea of the value of its contents 
may be obtained by a perusal of the passage at page 12, unfortunately 
too long to quote, in which the story is told of the destruction of the 
Mohawk war-party at the Grand Falls of the River St. John, as it was 
related to the earliest Acadian settlers of Madawaska by the Indians who 
lived there one hundred and fifty years ago. 

W. O. RAYMOND 

Une Maitrise d'Art en Canada (1800-1828}. Par EMILE VAILLANCOURT. 

Avec une preface par E.-Z. MASSICOTTE. Montreal: G. Ducharme. 

1920. Pp. 115; gravures. 

M. VAILLANCOURT'S monograph is a valuable contribution to the early 
history of the arts and crafts in Canada. His little book gives an inter- 
esting account of a group of architects and sculptors, of Canadian birth, 
who were engaged during the early years of the nineteenth century in 
the planning, furnishing, and decorating of numerous churches through- 
out the province of Quebec. The school originated in the atelier of 
Louis-Amable Quevellon, a self-taught architect and sculptor in wood, 
established at St. Vincent de Paul, in 1'Isle Jesus. He trained a number 
of apprentices, some of whom were later associated with him in the 
production of altars, episcopal thrones, baldaquins, pulpits, and other 
such church furniture. M. Vaillancourt has gathered his information 
from judicial archives, parish registers, contemporary publications, and 
oral traditions, with commendable care and thoroughness of detail. 
His researches throw considerable light upon the beginnings of the arts 
in Canada, and prove that much of the early work in architecture and 
ecclesiastical decoration and sculpture was executed by native-born 
Canadians, and was not, as is commonly supposed, entirely the produc- 



REVIEWS OF BOOKS 83 

tion of European designers and artisans. He touches but the fringe of 
a large field, as yet undeveloped, but within the limits which he has set 
himself, his work is excellently done, so far as historical record is con- 
cerned. 

But his book, from its attitude and general tone, rather than from 
direct statement, must also in justice be regarded from the standpoint 
of art criticism. The enthusiasm of the author for his subject evidently 
has led him into a position of indiscriminating admiration from which 
it is impossible to get a true view of the character or the value of the art 
with which it deals. Both M. Vaillancourt and M. Massicotte, who 
contributes a preface, seem to claim qualities for the productions of these 
early craftsmen which are perhaps not substantiated by the evidence. 
One finds in the interior features of most of the churches of French 
Canada little or nothing original in conception or execution. One sees, 
for the most part, only imitative work of a conventional character, 
copied from the late Renaissance or Rococo style of the eighteenth 
century. 

We still await an authoritative work dealing with the ecclesiastical 
and domestic architecture of French Canada, which will combine histori- 
cal research, such as M. Vaillancourt has given us in his interesting 
monograph, with the critical appreciation which it lacks. May we hope 
that he will continue his investigations over a wider area, and, at some 
future time, give us a larger study of the development of the really 
typical French Canadian architecture, as exemplified in some of the 
manor houses and many of the older and less pretentious parish churches 
throughout Quebec? These frequently display, in their exterior con- 
structive features, a charming simplicity, a grace, and an adaptability 
to their surroundings, their uses, and the climatic conditions in short, 
a character of their own, which carries them far on the road toward 
a true, native and creative art. M. Vaillancourt's present venture into 
this hitherto unexplored historical territory would seem to indicate his 
fitness for further researches in this direction. 

C. W. JEFFERYS 

A History of English-Canadian Literature to the Confederation. By ROY 
PALMER BAKER, Ph.D. Cambridge: Harvard University Press. 
1920. Pp. xi, 200. ($2.50). 

THIS book is a praiseworthy and scholarly attempt to set the beginnings 
of Anglo-Canadian literature against their appropriate background of 
history, and we may congratulate the author on the tenacity of purpose 
which carried to a successful conclusion an investigation so inherently 
lacking in the elements of interest that we are accustomed to associate 



84 THE CANADIAN HISTORICAL REVIEW 

with the study of origins. There is an undeniable charm in the primitive- 
ness that marks the inception of any of the great continental literatures, 
and even the movements of imitation that open the cultural periods of 
these literatures were in essence original and creative. But American 
imitation has always been dull and mechanical, and it is evident that 
the Canadian pioneers of literature suffered from a still graver disability, 
inasmuch as they were at two removes from their originals, so that their 
quaintly laboured productions are no better than an imitation of an 
imitation. Wigglesworth, Hopkinson, and Trumbull are probably bad 
enough, but at least they had the merit of standing closer to Dryden, 
Pope, and Goldsmith than did Cleveland, Stansbury, and Odell, whom 
on the strength of Dr. Baker's assertion Canadians must to accept as 
their earliest singers. The Revolution which dispeopled New England of 
many of its distinguished families should have operated to the advantage 
of the literature of Canada, but we are unfortunately not able to show 
for that early period any poet whose achievement measures up even to 
the humble standard of Freneau's work, nor have we an essayist or 
pamphleteer who is comparable for vigour and versatility to Benjamin 
Franklin. 

Howe and Haliburton are the first considerable names in Canadian 
literature, and we cannot grudge the author, burdened as he must have 
been by the steady pressure of mediocrity on every side, a certain elation 
of spirits upon encountering them. For neither of them does he make 
out a better case than their period and circumstances warranted, and 
even at this remove of time we recognize certain marks of power in 
both these men. Dr. Baker is quite willing to admit that the fun has 
faded from everything of Haliburton's but The Clockmaker and the 
Wise Saws, and the claims that he makes for Howe as a litterateur are 
not extravagant. He recognized in the latter, and rightly, the great 
driving force of his time. Howe was master-of a vehement rhetoric that 
was saved from emptiness by the operation of a really powerful mind on a 
somewhat limited political experience, and we are quite justified in 
thinking . of him as a sort of diminished Burke, stunted of his full 
stature by insufficient diet. 

Dr. Baker's forecast of future developments is reserved for his final 
paragraph, in which he appears to free Canada from its former depend- 
ence on United States models, but dissociates it likewise from all English 
influences: 

No one who has been in Canada during the last five or six years can have any 
fear for the future of the Canadian people. What their literature will be I am 
not rash enough to predict. Until 1867 it was American in its lack of color, its 
lack of imagination, and its lack of artistry. Since then it has been Canadian. 
To-day the Dominion, unlike the United States, possesses a perpetual frontier. 



REVIEWS OF BOOKS 85 

Its problems are rural rather than urban, and its literature has all the freshness 
and sanity of the open. Though it is essentially American, it differs in mood from 
the work of men born and educated in the South. The novel of Philadelphia and 
New York has, and can have, no counterpart in Montreal or Toronto. On the 
other hand, the writers of Great Britain, in spite of the increasing sympathy 
between the Dominion and the Mother Country and the mutual desire to work 
out their destiny in common, do not affect Canadian men of letters to any notice- 
able extent. It would be absurd to think of a Shaw or a Wells in the Maritime 
Provinces or Ontario. 

PELHAM EDGAR 

The Life and Work of Sir William VanHorne. By WALTER VAUGHAN. 

New York: The Century Company. 1920. Pp. xiv, 388. 

($5.00.) 

CANADIAN literature has hitherto been deplorably lacking in biographies 
of men who have made their mark outside the field of politics. Yet there 
is no question that their part in the making of Canada has been as in- 
dispensable, and, if it could be told, as full of interest as the oft-told tale 
of the politician. It was a favourite contention of VanHorne that 
George Stephen was a greater man and had done more for Canada than 
any politician of them all. This biography of VanHorne himself is the 
first adequate treatment of a Canadian captain of industry. 

Mr. Walter Vaughan, formerly secretary of McGill University, and 
for some years connected with the Canadian Pacific Railway, was well 
qualified to undertake his present task, not only through his literary 
facility, but through a long friendship with Sir William. His work is to 
some .extent based on preliminary studies by Miss Katherine Hughes 
and on some notes, unfortunately too brief, prepared by Sir William in 
his last months, and intended mainly for the eyes of his grandson. 

,Mr. Vaughan begins by a survey of the forces that went to Van- 
Home's making his Dutch ancestry, the freedom and vigour of frontier 
life in Illinois of the fifties, the apprenticeship in telegraphy, geology, and 
poker ("not a game but an education"), and his fortunate marriage at 
twenty-four. His rapid rise from one railway post to another in the 
west and middle west is shown to have fitted him at the psychological 
moment for his big opportunity the building of the Canadian Pacific. 
We are shown his ruthless and efficient driving of the Canadian Pacific 
through from lake to coast, his original and unremitting efforts to build 
up traffic in the lean years that followed, and his fights with the Grand 
Trunk and "Jim" Hill. Then, once the game is won, his interest in the 
Canadian Pacific falls away, and he seeks diversion in his hobbies and 
his private interests until Cuba offers him a second empire-building task 
in the operations of the Cuba company, a task nearer to Van Home's 



86 

heart than even the building of the Canadian Pacific, because the later 
conception was his own. 

Mr. Vaughan has brought out very clearly VanHorne's outstanding 
characteristics, his astounding physical vitality, his zest for work, which 
to him was a game, his courage and persistence and joy in a fight, and 
the extraordinary versatility which made him not merely a collector of 
Japanese pottery and of paintings, particularly of the Dutch and Spanish 
masters, but an authority and a practitioner in this field. His weaknesses 
are not concealed the naive egotism which grew with success, and the 
lack of interest in public affairs except where his own or his company's 
business interests were concerned but rightly the emphasis is laid on 
the qualities that made him a striking personality and a master of con- 
structive achievement. 

Mr. Vaughan has written a book which is very well worth the reading. 
It is hard to say whether it is of more interest as a personal study or as 
an epic of individualism, a saga of the age that now is passing, when 
wide frontiers and the free and open chances of an unexploited continent 
called forth all the initiative and the energy and the pugnacity that have 
marked the captains of industry of America. One is tempted to generalize 
upon the influence of frontier conditions in producing the buccaneering 
ruthlessness of the railway magnates of the last generation until we 
remember that it was a London and not a frontier financier who publicly 
declared, "We will now get all we can out of the people of Canada" 
(p. 207). Rarely, however, does one find more clearly exemplified than 
in this biography the truth of the paradox, which the socialist will not 
accept, that the greatest and most constructive good of the community 
is frequently merely a by-product of individual striving for name and 
fortune and a winning hand. 

In this study of one of the partners in Canada's most romantic enter- 
prise, the building of the Canadian Pacific, Mr. Vaughan has added a 
new dimension to the history of the time. 

O. D. SKELTON 

Westward ivith the Prince of Wales. By W. DOUGLAS NEWTON. New 
York and London: D. Appleton and Company. 1920. Pp. xii, 
352. 

THE tour of the Prince of Wales in Canada and the United States during 
the autumn of 1919 was a stirring pageant, perhaps of historic importance. 
Mr. Douglas Newton, special correspondent of The Times, who accom- 
panied the Prince throughout, has made a very readable book of the 
events of the tour. Those curious in such matters may learn here how 
the Prince said that his hand was "done in" by much handshaking in 



REVIEWS OF BOOKS 87 

Toronto, how a movie-man on the Prince's platform at the Toronto 
Exhibition transferred the royal guest from horse to platform by pulling 
him in over the heads of the crowd which hindered him from dismounting 
and walking up the steps, of the Prince's enjoyment of crowds, and of 
his zest for dancing and sitting out on the stairs with bright partners, 
like any other healthy young man, and even may read the story (possibly 
apocryphal) of the Montreal maiden who boarded his motor car with 
an autograph album and rewarded him, perhaps sufficiently, for his 
signature. 

Other and more significant incidents are the Labour Day demon- 
stration at Ottawa, when the procession of trades formed themselves 
of their own accord into a guard of honour, lining the streets through 
which the Prince was to pass and keeping back the crowd, and the rebuke 
administered in Mr. Newton's hearing by a labour leader to a follower 
who was disposed to scoff at demonstrations in favour of royalty. A less 
acceptable mark of goodwill was the rush of the crowd at Winnipeg, 
with cries of "Shoulder the boy", which the police had a hard struggle 
to resist. To the Prince's own initiative were due the open receptions 
which made so favourable an impression on the mass of the people. At 
London, where a reception to ticket-holders alone had been arranged, 
the Prince, when the last of the privileged had shaken his hand, asked 
for the doors to be opened and the un ticketed admitted as well. In the 
province of Quebec, the Prince's tactful use of French in his public 
utterances and in friendly intercourse with habitants on the roads un- 
questionably made for his popularity. The universality of the friendly 
interest excited by the Prince was one of the most remarkable features 
of the tour. The special train passed many a small town or village on 
its way from one centre to another, but crowds assembled, cheering and 
waving flags, merely to greet the train as it sped through the station. 
"Even during the night," says Mr. Newton, "these crowds and groups 
were there. As we swept along there came through the windows of our 
sleeping-car the ghosts of cheers. The cheer was gone in the distance as 
soon as it came, but to hear these cheers through the night was to be 
impressed by the generosity and loyalty of these people. They had 
stayed up late, they had even travelled far to give one cheer only. But 
they had thought it worth while." 

The author's own observations on the country and people are judicious 
and thoughtful. The multitudes of children in. Montreal impressed him 
with a sense of the potentiality of the province of Quebec in the future 
of Canada. He was warned when in Eastern Canada that he must not 
be surprised to find the West "different." It was inhabited by people 
"further removed from British tradition," not so easily "moved by the 



88 THE CANADIAN HISTORICAL REVIEW 

impulses and enthusiasms that stirred the East". And when he reached 
the West men congratulated him on having left the "cold and rigid 
East" where the people were "removed from the British tradition", 
The vast distances and provincial self-sufficiency supply, he thinks, the 
explanation of the mutual misconception. 

H. H. LANGTON 

The Right Track: Compulsory Education in the Province of Quebec. By 
I. O. VINCENT. With an introduction by Professor J. A. DALE. 
Toronto: J. |M. Dent & Sons. [1920.] Pp.223. ($1.50.) 
AN interesting contribution to the history of education in Canada is 
this little work by the late Principal Irving O. Vincent, a Protestant 
teacher of Montreal, whose untimely death last year deprived his native 
province of an earnest and capable educationist. The author relates 
the story of the campaign for compulsory education in Quebec by leaders 
of public opinion in the legislature and outside of it. The agitation owes 
its origin and development to enlightened persons of both races, both 
religions, and both political parties. Although compulsory attendance 
is generally upheld in advanced modern communities as essential to the 
welfare of the state and the progress of the schools, it would be an error 
to suppose that the opposition to such a law in Quebec is without a basis 
that appeals to honest minds. The Quebec school system is peculiar to 
that province. The Catholic majority has dealt tolerantly and fairly 
with the Protestant school system. The Protestants are naturally loath 
to interfere with that branch of the system which is not theirs. The 
harmony which prevails is a good augury. When the leaders of Catholic 
opinion are convinced that their fears of state lordship over and inter- 
ference with religious teaching and the rights of parents are groundless, 
should proper precautions be taken, the whole community will move 
forward in unity toward a reform which will undoubtedly give a new 
impetus to the schools. Mr. Vincent wrote with moderation and without 
narrow bias. The introduction by Professor Dale, now of the University 
of Toronto and forrrierly of McGill, is also marked by a wise tolerance 
and admirable grasp of principles. The leaders of the Liberal party of 
Quebec, such as M. Mercier, M. Marchand, Sir Lomer Gouin, Senator 
Dandurand, and Senator David have all been foremost in behalf of 
educational reforms. Some Conservatives have similarly distinguished 
themselves. Among Protestants who have at one time or another been 
in political life, Dr Finnic, Judge Hackett, and others have handled 
with tact and vigour a question that is difficult for them. The record 
has been diligently compiled and is, on the whole, a good example of the 
restraint which should characterize discussions of educational policy. 



REVIEWS OF BOOKS 89 

The Evolution of Parliament. By A. F. POLLARD. London: Longmans, 

Green and Co. 1920. Pp. vii, 398. (21 sh.) 

PROFESSOR POLLARD'S new book is the most brilliant study yet written 
of those parliamentary institutions which Canada has inherited and 
developed. At a time when grave questions are being asked about 
"group government", representation, the referendum, liberty, and 
sovereignty, Professor Pollard's work is timely. Fascinating as a 
romance, the story of the British Parliament is unfolded, and all the 
many unhistorical positions which have unfortunately been incorporated 
in too many text-books are brought face to face with sound and judicial 
research. Those who write or talk glibly of "the hereditary peerage", 
of "the three estates", of "the separation of powers", will find many a 
time-honoured tradition here dissolved. 

It is, however, the last chapter of the book, entitled "The British 
Realms in Parliament", in which Canadians will be most interested. 
Here Professor Pollard considers whether Parliament will be the means 
of finding a solution of the problem of Empire. 

His approach is careful. He visualizes the Empire as a group of 
states in which the idea of Empire can never become concrete in uni- 
formity. Indeed, he deplores the use of the word " Empire", because of 
its associations, for realms ''governed by consent, liberty, heterogeneity". 
The last three factors are essentials, and will always rule out of court 
any changes which might be made in the direction of an "Imperial 
Sovereign state ". Seeing the problem as it presents itself to-day mainly 
in connection with the self-governing Dominions, Professor Pollard 
would make use of common ground in order to advance. From the 
point of view of England, he would begin with the "moribund" House 
of Lords, and the rest of the chapter is occupied in dealing with the 
enquiry whether the House of Lords might not be reconstructed in the 
interests of the whole British Commonwealth. First of all, heredity and 
primogeniture would go. But how seeing that "second chambers are 
the political failure of the British Empire" to construct? Chiefly on 
the fundamental idea of the Senate of the United States one "single 
second chamber", with a differential basis from the many first chambers 
in the Empire. This single second chamber "would have a differential 
work as well as a differential foundation" from the popularly elected 
Houses of Commons: its work would be that dealing with imperial 
questions. Professor Pollard thinks that in such a chamber, drawn from 
representing "states" in the Empire, there would be independence and 
impartiality. Finance would not come within its reference. It would 
merely draw up a statement of the financial needs of the Empire, and 
the several first chanmbers would control grants, assessments, incidents, 



90 THE CANADIAN HISTORICAL REVIEW 

and collections. Greater difficulties appear when Professor Pollard is 
faced with executive authority. He disarms criticism at once by pointing 
out the present absurdity of a British Cabinet, responsible to a British 
Parliament, possessing legally and constitutionally the final word in 
Empire affairs of the most vital importance. He suggests a single 
imperial executive "for imperial purposes responsible to the single 
imperial chamber, with a series of domestic executives for each self- 
governing realm responsible to their respective domestic legislatures". 
This imperial executive would, in the final analysis, be responsible to 
the peoples of the Dominions (which are to include Great Britain and 
Ireland), since they would be responsible to a single imperial chamber, 
elected, appointed, or nominated by the Dominions. Professor Pollard 
prefers appointment similar to that which obtains in connection with 
the agents-general. Nor is Professor Pollard without faith in the possi- 
bility of defining the sphere of his new body. He has studied the Cana- 
dian constitution, and he believes that if good-will, faith, and a belief 
in judicial honesty have succeeded in Canada they can succeed elsewhere. 

Finally, Professor Pollard utters a note of warning. He sees clearly 
that there is no use attempting to frighten the British peoples "into 
political upheavals by logical dilemmas". He dees not believe that the 
British realms are in a "parlous condition". Historians do not propound 
such dilemmas as are abroad among "some of our modern imperialists". 
The Empire "will not split into fragments because its parts decline to 
fuse." "The partnership is not perfect; but it is none the less real 
because its terms have not been stated in a written constitution." 

The chapter is interesting because of its modesty, its sanity, and its 
balance. Whether Professor Pollard's scheme would work, only ex- 
perience could tell. Be that as it may, Canadians will welcome his 
proposal as coming from the greatest living English constitutional 
historian, and because there runs throughout it a fundamental concep- 
tion the belief that no scheme can successfully anticipate the develop- 
ment of political thinking: " If the peoples of the British realms want a 
united Empire with a common government, they will get it and will 
work for it, whatever the defects of its constitution. If they do not, 
no constitutional machinery, however artistic its construction, will 
attract them." 0, si sic omnes! 

W. P. M. KENNEDY 



RECENT PUBLICATIONS RELATING TO CANADA 

(Notice in this section does not preclude a more extended review later.) 

I. THE RELATIONS OF CANADA TO THE EMPIRE 

HALL, H. DUNCAN. The British Commonwealth of Nations: A Study of its Past and 
Future Development. London: Methuen & Co. 1920. Pp. xviii, 393. 

To be reviewed later. 

HUGHES, EDWARD A. Britain and Greater Britain in the Nineteenth Century. Cam- 
bridge: At the University Press. 1920. Pp. 295. (6 sh.) 

A sketch of the history of the British Empire during the past century, in two 
parts, (1) "Great Britain and Ireland," and (2) "The British Empire." In the 
latter part a chapter of 23 pages is devoted to Canada. 

KERR, P. H. and A. C. The Growth of the British Empire. New impression. London: 
Longmans, Green and Co. 1919. Pp. viii, 204. (3 sh.) 

Contains two brief chapters on Canada, one entitled "The Expansion of 
Canada," and the other "The Federation of Canada." 

POLLARD, A. F. The Evolution of Parliament. London: Longmans, Green and Co. 
1920. Pp. vii, 398. (21 sh.) 

Reviewed on page 89. 

RANEY, Hon. W. E. Nations Within the Empire (Canadian Magazine, February, 1921, 
pp. 291-295). 

An address delivered before the Canadian Bar Association by the attorney- 
general of Ontario, in which the abolition of Canadian appeals to the judicial 
committee of the Privy Council was advocated. 

II. HISTORY OF CANADA 
(2) General History 

BOLTON, HERBERT E, and MARSHALL, THOMAS M. The Colonization of North America, 
1492-1783. New York: The Macmillan Co. 1920. ($4.25.) 

A text-book. 

CHARBONNEAU, JEAN. Des Influences franchises au Canada. Three vols. Montreal : 
Beauchemin. 1916-1920. Pp. 226; 375; 318. ($3.15.) 

Reviewed on page 77. 
FAUTEUX, AEGIDIUS. Nos archives (L'Action Franchise, Janvier, 1921, pp. 42-47). 

A brief account of the various archives collections in Canada, especially that 
of the province of Quebec. 

GAGNON, PHILEAS. Nos anciennes cours d'appel (Bulletin des recherches historiques, 
novembre, 1920, pp. 342-350; decembre, 1920, pp. 364-375). 

A most interesting and valuable essay on the administration of justice in 
Canada during both the French and the English regimes. 

91 



92 THE CANADIAN HISTORICAL REVIEW 

HASSARD, ALBERT R. Great Canadian Orators: xii. Sir George Ross (Canadian 
Magazine, December, 1920, pp. 170-172). 

A slight sketch. 

SMITH, W. The History of the Post Office in British North A merica, 1639-1870. London : 
Cambridge University Press. 1920. (21 sh.j 
To be reviewed later. 

(2) The History of New France 

ALVORD, CLARENCE W. The Illinois Country, 1673-1818. (Centennial History of 
Illinois, vol. I.) Springfield: Illinois Centennial Commission. 1920. Pp. xx, 524. 

To be reviewed later. 

DE LA RONCIERE, CHARLES. Histoire de la marine fran$aise. Tome V: La Guerre de 
trente ans: Colbert. Paris; Librairie Plan. 1920. Pp. 748. (40 fr.) 

Reviewed on page 74. 

DESROSIERS, 1'abbe ADELARD. Notes historiques stir Lanoraie (Bulletin des recherches 
historiques, novembre, 1920, pp. 337-341). 

A chapter on the local history of a parish on the St. Lawrence river. 
FAUTEUX, AEGIDIUS. Le chevalier de la Corne (Bulletin des recherches historiques, 
novembre, 1920, p. 352). 

An important note on the confusion which has apparently arisen among 
historians between the chevalier de la Corne and his brother, Lacorne St. Luc. 

Les Rouer de Villeray (Bulletin des recherches historiques, octobre, 
1920, pp. 296-299). 

An addendum to the genealogy of the family of Rouer de Villeray, recently 
published by Mr. P. G. Roy. 

GALBREATH, C. B. The Expedition of Celoron (Ohio Archaeological and Historical 
Quarterly, October, 1920, pp. 331-334). 

A note on the French expedition under Celoron which took possession of the 
Ohio country in 1749; prefatory to the reproduction of a number of documents 
relating to the expedition. 

GOSSELIN, 1'abbe AMEDEE. Fondeurs de cloches an Canada (Bulletin des recherches 
historiques, novembre, 1920, pp. 334-336). 

A brief paper demonstrating that the art of casting bells was practised in 
Canada during the French regime. 

GROU, Pere ARMAND. Les origines de la paroisse de Saint-Laurent dans Vile de Montreal 
(Revue Canadienne, decembre, 1920, pp. 721-737). 

An essay in French-Canadian local history, especially full on the ecclesiastical 
side. 

HARRIS, Very Rev. R. W. The Cross-Bearers of the Sdguenay. London and Toronto: 
J. M. Dent & Sons. 1920. Pp. 202. ($2.00.) 

Reviewed on page 79. 

LAMBING, Rev. A. A. Celoron' s Journal (Ohio Archaeological and Historical Quarterly, 
October, 1920, pp. 335-396). 

A translation of the journal of Celoron describing his expedition down the 
Ohio in 1749, now reproduced from the Catholic Historical Researches for 1886, a 
very rare publication where it first appeared. 

MASSICOTTE, E.-Z. Un testament du docteur Sarrazin (Bulletin des recherches histori- 
ques, octobre, 1920, pp. 317-320). 

A document relating to Michel Sarrazin, a Medecin du rot in Canada under 
the French regime. 



RECENT PUBLICATIONS 93 

Nouvelles notes sur la foi et hommage (Bulletin cles recherches historiques, 
octobre, 1920, pp. 300-303). 

Notes on a dozen or more actes de foi et hommage preserved in the archives of 
the Palace of Justice at Montreal. 

METZGER, CHARLES H. Sebastien Louis Meurin (Illinois Catholic Historical Review, 
January, 1921, pp. 241-259). 

An account, based on research, of the life of a Jesuit missionary who began 
to labour among the Indians of the Illinois district in 1742. 

ROY, P. G. A-t-on calomnie M. de la Jonquiere'i (Bulletin des recherches historiques, 
octobre, 1920, pp. 289-295). 

A defence of La Jonquiere against the charge made against him, by Montcalm 
in his Journal, that he was a miser. 

Ce que le gonverneur de Callieres pensait de nos officiers militaires en 1701 
(Bulletin des recherches historiques, novembre, 1920, pp. 321-333). 

Notes on the military officers serving in Canada in 1701, extracted from a 
report made in that year by the governor of New France to the king's minister. 

Les deux capitaines de Saint-Martin (Bulletin des recherches historiques, 

decembre, 1920, pp. 353-358). 

Biographical details concerning two officers of the name Saint-Martin, the 
first of whom served in Canada between 1684 and 1722, the second of whom makes 
his appearance about 1750, and was killed at Ste. Foy in 1760. 

SULTE, BENJAMIN. Nos origines (Bulletin des recherches historiques, octobre, 1920, 
pp. 304-306). 

Lists of the names of unidentified girls married in Canada between 1638 and 
1656, with the dates of their marriage and their places of origin. 

(3) The History of British North America to 1867 

BAKER, RAY PALMER. A History of English- Canadian Literature to the Confederation. 
Cambridge: Harvard University Press. 1920. Pp. x, 200. ($2.50.) 

Reviewed on page 83. 

BURRAGE, HENRY S. Maine in the Northeastern Boundary Controversy. Published by 
the State Librarian. 1919. Pp. xiv, 398. ($3.50.) 

A contribution to the history of the Maine boundary dispute, in which the 
Maine archives have been used by the author. 

CHAPAIS, THOMAS. Les Quatre-vingt-douze Resolutions (Canada Frangais, decembre, 
1920, pp. 220-239; Janvier, 1921, pp. 273-283). 

An admirable critical account of the events which preceded the passing of the 
Ninety-Two Resolutions in Lower Canada in 1834, an analysis of the platform 
which the Resolutions embodied, and an account of the debate which they pro- 
voked. 

FALTEUX, AEGIDIUS. Jocelyn Waller (Bulletin des recherches historiques, octobre, 
1920, pp. 307-310). 

An account of an English journalist of Montreal who, between 1820 and 1830, 
took the side of the French patriotes. The greater part of the paper is taken up 
with a reprint of rare hand-bill about Waller, circulated after his death, and prob- 
1 ably written by A. N. Morin. 

JONES, E. ALFRED. The History of a Picture (Canadian Magazine, December, 1920, 
pp. 106-112). 

A critical account of the history of Benjamin West's famous painting, "The 
Death of Wolfe." 



94 THE CANADIAN HISTORICAL REVIEW 

KELLOGG, LOUISE P. The Penault Papers (The Wisconsin Magazine of History, 
December, 1920, pp. 233-235). 

An account of a group of letters and papers, dating from the period immediately 
following the rebellion of 1837, which belonged originally to Louis Perrault, one 
of the French-Canadian exiles, and which have now come into possession of the 
Wisconsin Historical Society. Among Perrault's correspondents were E. B. 
O'Callaghan and Ludger Duvernay. 
LACASSE, Z., O.M.I. Une Mine de Souvenirs. [St. Boniface. 1920.] Pp. 180. 

The early recollections of a French-Canadian priest of over seventy years of 
age. 

McDoNALD, Judge HERBERT S. Memoir of Colonel Joel Stone, a United Empire Loyalist, 
and the Founder of Cananoque (Ontario Historical Society: Papers and Records, 
vol. xviii, 1920, pp. 59-90). 

A detailed study of the life of one of the leading United Loyalists who settled 
on the north shore of the St. Lawrence River above Montreal. It is based on a 
narrative written by Joel Stone himself from which, unfortunately, only extracts 
are quoted and on old family letters, as well as on independent research. 
RIDDELL, Hon. WILLIAM RENWICK. A Trial for High Treason in 1838 (Ontario His- 
torical Society: Papers and Records, vol. xviii, 1920, pp. 50-58). 

An account, based on original research, of the trial of a number of suspected 
rebels at a special assize held after the rebellion of 1837. 

SPENCER, Rev. Canon P.L. Ship and Shanty in the Early Fifties (Ontario Historical 
Society: Papers and Records, vol. xviii, 1920, pp. 25-31). 

Reminiscences of the author's arrival in Canada in 1853, and his early experi- 
ences in Canada West in the following years. 

STURGIS, WILLIAM. The Northwest Fur Trade and The Indians of the Oregon Country, 
1788-1830. (Old South Leaflets, edited by S. E. M ORISON: No. 219.) Boston: 
The Old South Association. 1920. Pp. 20. (5c.) 

A reprint of "parts of two lectures on the North-west Fur Trade and the 
Indians of Oregon Country delivered in 1846 by William Sturgis, who had been 
actively engaged in the North-west Fur Trade since 1798; and extracts from his 
journal on his first voyage, written before he was eighteen years old." 
VAILLANCOURT, EMILE. Une Maitrise d'Art en Canada (1800-1823). Avec une preface 
par E.-Z. MASSICOTTE. Montreal: G. Ducharme. 1920. Pp. 112; gravures. 

Reviewed on page 82. 

(4) The Dominion of Canada 

[ANONYMOUS.] The Agrarian Movement in Canada (Quarterly Review, January, 1921 , 
pp. 84-101). 

A frank and hostile discussion of the farmers' movement in politics in Canada. 
AUCLAIR, L'abbe ELIE-J. Le discours d'un Cartier au f&tes de Cartier (Revue Canadi- 
enne, Janvier, 1921, pp. 51-59). 

An account of the speech delivered by M. Louis- Joseph Cartier at the celebra- 
tion held in honour of Sir Georges-Etienne Cartier on September 28, 1919, at the 
village of Saint-Antoine, in Quebec. 

[CANADA: DEPARTMENT OF SOLDIERS' CIVIL RE-ESTABLISHMENT.] Canada's Work for 
Disabled Soldiers. Ottawa: Department of Soldiers' Civil Re-Establishment. 
[1920.] Pp. 149; illustrations. (Gratis.) 

An account of the work of the Department of Soldiers' Civil Re-Establish- 
ment, compiled by the heads of the various branches of the department. 



RECENT PUBLICATIONS 95 

MACNAUGHTON S. My Canadian Memories. London: Chapman and Hall. 1920. 
Pp. 270. (12 sh. Gd.) 

An account of a visit paid to Canada by the author before the war. 
NEWTON, W. DOUGLAS. Westward with the Prince of Wales. New York and London: 
D. Appleton and Co. Toronto: George J. McLeod. 1920. Pp. xii, 352. ($2.50.) 

Reviewed on page 86. 

PORRITT, EDWARD. Sir Wilfrid Laurier (Quarterly Review, January, 1921, pp. 21-35). 
An interesting and sympathetic survey of the life and work of Sir Wilfrid 
Laurier. 

SEGSWORTH, WALTER E. Retraining Canada's Disabled Soldiers. Ottawa: The King's 
Printer. 1920. Pp. 193. (Gratis.) 

A valuable account of the work of the Department of Soldiers' Civil Re- 
Establishment in the industrial rehabilitation of disabled soldiers. It is supple- 
mented by an excellent selected bibliography. 

VAUGHAN, WALTER. The Life and Work of Sir William Van Home. New York: The 
Century Co. 1920. Pp. xiv, 388. ($5.00.) 

Reviewed on page 85. 

WILLISON, Sir JOHN. From Month to Month (Canadian Magazine, February, 1921, 
pp. 353-360). 

A monthly causerie on current affairs, in which is included, in the number 
under review, an account of the boundary dispute between Canada and Newfound- 
land over the Quebec Labrador. 

(5) The History of the Great War 

DUTHIE, WILLIAM SMITH and FOSTER, CHARLES LYONS (eds.). Letters from the 
Front: Being a Record of the Part Played by Officers of the Bank in the Great War, 
1914-1919. Vol. 1. [Toronto: Canadian Bank of Commerce. 1920.] Pp. clix, 
344. (For private circulation.) 

A memorial volume published by the Canadian Bank of Commerce to com- 
memorate the part played by those of the officers of the bank who saw service in 
the war. The volume contains, besides copio.us extracts from letters, photographs 
of those who died and those who were decorated. 

EDMONDS, W. EVERARD. Canada's Red Army (Canadian Magazine, February, 1921, 
pp. 340-342). 

A brief account of the part played by the Indians of Canada in the Great War. 
GUNN, Lieut.-Colonel J. N., and DUTTON, Staff-Sergt. E. E. Historical Records of 
No. 8 Canadian Field Ambulance: Canada, England, France, Belgium, 1915-1919. 
Toronto: The Ryerson Press. 1920. Pp. xiii, 169; illustrations. 

The history of a Canadian medical unit during the war; well planned and well 
written. 

KAY, HUGH R., MAGEE, GEORGE, and MACLENNAN, F.A. Battery Action! The Story 
of the 43rd Battery, C.F.A. With sketches by JAMES FRISE. Toronto: Warwick 
Bros. & Rutter. [1920.] Pp. 305. ($3.25.) 

A battery history to which attaches an unusual degree of interest. Begun by 
one^ author, who was killed, it was taken up by a second, who was also killed, and 
it has been completed by a third who has survived. For the greater part it is 
written from the standpoint of the private soldier. 

SHELDON- WILLIAMS, INGLIS and RALF F.L. The Canadian Front in France and 
Flanders. London: A. and C. Black. 1920. Pp. xiv, 208; illustrations. (25 sh.) 
To be reviewed later. 



96 .THE CANADIAN HISTORICAL REVIEW 

WILLSON, Lieut. -Col. BECKLES. Ypres: The Holy Ground of British Arms. London: 
B. T. Batsford, Ltd. 1920. Pp. xiii, 83; illustrations. (3 sh.) 

A guide-book which contains a succinct and accurate account of the Canadian 
fighting near Ypres during the war especially of the engagements of Sanctuary 
Wood, St. Julien, and Passchendaele. 

III. PROVINCIAL AND LOCAL HISTORY 

(1) Newfoundland, Labrador, and the Maritime Provinces 

ALBERT, abbe THOMAS. Histoire du Madawaska. D'apres les recherches historiques 

de PATRICK THERRIAULT, et les notes manuscrites de PRUDENT L. MERCURE. 

Quebec: Imprimerie Frangiscaine Missionaire. 1920. Pp. xxiii, 448. ($2.50.) 

Reviewed on page 81. 

BIRKENHEAD, the Right Hon. Lord. The Story of Newfoundland. New and Enlarged 
Edition. London: Horace Marshall & Son. 1920. Pp.192. (5 sh.) 

A second and revised edition of a book on the history of Newfoundland, 
published over twenty years ago by the author in a series known as "The Story of 
the Empire Series." 

CABOT, WILLIAM B. Labrador. Boston: Small, Maynard & Company. [1920.] 
Pp. xiii, 354; illustrations. 

A book of travel and description, based on an acquaintance with Labrador and 
its Indians extending over twenty years. "The larger part of the material pre- 
sented in this book was issued in my 'Northern Labrador,' and is here given in 
revised and amplified form." 

EATON, A. W. H. Chapters in the History of Halifax, Nova Scotia. No. XVI: The 
Great Tragedy of 1917 (Americana, vol. xv, no. 1, pp. 38-53). 

An account of the disastrous explosion in Halifax harbour on December 6, 
1917. 

DUBOIS, 1'abbe EMILE. Chez nos freres les Acadiens: Notes d'histoire et impressions de 
voyage. Montreal: Bibliotheque de L'Action frangaise. 1920. Pp.176. (73c.) 
A little book embodying the results of a month's visit to the "land of Evan- 
geline." The aim of the author is described in the preface as being the awakening 
of "a healthy historical curiosity," especially among the young. 

MACMECHAN, ARCHIBALD. The Log of a Halifax Privateer. (Nova Scotia Chap-Books, 
No. 6.) Halifax: H. H. Marshall. 1920. Pp. 21. 

A paper which appeared originally in Acadiensis, in July, 1902, and which has 
now been revised and added to by the author. 

ROUILLARD, E. A Travers le Nouveau-Brunswick (Bulletin de la Soci6te de G6ographie 
de Quebec, DScembre, 1920, pp. 275-292). 

A study of place-names in New Brunswick. 

WALDO, FULLERTON L. With Grenfell on The Labrador. New York: Fleming H. 
Revell Co. [1920.] Pp. 189; illustrations. ($1.50.) 

A vivacious account of Dr. Wilfred T. Grenfell and his work on the Labrador 
coast, written by an American journalist. 

(2) The Province of Quebec 

FOISY, ALBERT. Le Commandeur Alphonse Desjardins (Le Canada Frangais, Janvier, 
1921, pp. 284-300). 

An account of the life of the founder of the "Caisses Populaires" in the province 
of Quebec. 



RECENT PUBLICATIONS 97 

ROY, REGIS. Migeon de Bransat (Bulletin de recherches historiques, octobre, 1920, 
pp. 313-316). 

A genealogical study of an early inhabitant of Montreal. 

(3) The Province of Ontario 

CADOT, Rev. J. C., S. J. Bruce County and Work among the Indians (Ontario Historica* 
Society: Papers and Records, vol. xviii, 1920, pp. 21-24). 

A paper, containing miscellaneous matter, written by a Jesuit missionary 
working among the Indians of Bruce County. 

CLARK, J. MURRAY. The Municipal Loan Fund in Upper Canada (Ontario Historical 
Society: Papers and Records, vol. xviii, 1920, pp. 44-49). 

An interesting and important chapter in the financial history of Upper Canada. 
EAMES, FRANK. Pioneer Schools of Upper Canada (Ontario Historical Society: Papers 
and Records, vol. xviii, 1920, pp. 91-103). 

Notes, derived mainly from printed sources, regarding the beginnings of 
education in Upper Canada. 

HAMMILL, J. D. Early History of Meaford and its District (Ontario Historical Society: 
Papers and Records, vol. xviii, 1920, pp. 42-43). 

Local details. 

HARTMAN, C. W. Early History of the Beaver Valley (Ontario Historical Society: 
Papers and Records, vol. xviii, 1920, pp. 37-41). 

Notes on the history of part of Grey County, Ontario. 

KILBOURN, J. M. Reminiscences of the First Settlers of Owen Sound (Ontario Historical 
Society: Papers and Records, vol. xviii, 1920, pp. 7-9). 

Local history of a distinctly parochial character. 

REVILLE, F. DOUGLAS. History of the County of Brant. Published under the auspices 
of the Brant Historical Society. Brantford: Hurley Printing Co. 1920. Pp. 
385. 

A voluminous history of the County of Brant in Ontario containing much 
biographical and other local material. 

RIDDELL, WILLIAM RENWICK. The Information Ex-Officio in Upper Canada (Canadian 
Law Times, January, 1921, pp. 4-11). 

A note on an obsolete feature of early Upper Canadian criminal law. 

The Sad Tale of an Indian Wife (Canadian Law Times, 

December, 1920, pp. 983-992). 

An account of a curious and interesting case in Upper Canadian legal history 
connected with the forfeiture of lands by disloyal subjects of the Crown during the 
War of 1812-14. 

RUTHERFORD, JAMES H. Early Navigation on the Georgian Bay (Ontario Historical 
Society: Papers and Records, vol. xviii, 1920, pp. 14-20). 

Mainly an account of steam navigation in the Georgian Bay. 

(4) The Western Provinces 

JUDSON, KATHARINE BERRY. The Hudson's Bay Company and the Pacific Northwest 
(Century Magazine, December, 1920, pp. 197-209, illustrations). 

A popular account, based on original materials, of the work of the Hudson's 
Bay Company in old Oregon. 

WADE, F. C. British Columbia (United Empire, January, 1921, pp. 63-65). 
A graphic summary of the resources of British Columbia. 



98 THE CANADIAN HISTORICAL REVIEW 

IV. GEOGRAPHY, ECONOMICS, AND STATISTICS 

ALCOCK, F. J. The Origin of Lake Athabasca (Geographical Review, December, 1920, 
pp. 400-407). 

A geological inquiry. 

BICGAR, E. B. Hydro-Electric Development in Ontario: A History of Water-Fewer 
Administration under the Hydro-Electric Power Commission of Ontario. Toronto: 
The Biggar Press, Ltd. [1920.] Pp. 202. 

An excellent account of the history of "the largest generator and distributor 
of electric energy in existence." 

[CANADA: DEPARTMENRT OF LABOUR.] Labour Legislation in Canada for the Calendar 
Year 1919. Ottawa: The King's Printer. 1920. Pp. 181 (Gratis.) 

The annual survey of labour legislation, both federal and provincial, in Canada 
during 1919, with an admirable cumulative index which goes back to the annual 
survey of 1915. 

CANADA: DOMINION BUREAU OF STATISTICS. The Canada Year Book, 1919. Ottawa: 
The King's Printer. 1920. Pp. xvi, 697. 

The official statistical annual of the Dominion of Canada for 1919, dealing 
with area and population, education, climate, production, trade and commerce, 
transportation and communications, finance, administration, and legislation. It 
includes also a special article by Brig.-Gen. E. A. Cruikshank on the "History of 
the Great War, 1914-1918;" and one by Mr. Wyatt Malcolm, of the Department 
of Mines, Ottawa, on the "Physical Characteristics of Canada." 

FISK, HARVEY E. The Dominion of Canada. New York; Bankers Trust Company. 
1920. Pp. 174. (Gratis.) 

An account of Canada, published by the Bankers Trust Company of New York, 
which aims at familiarizing the business men of the United States with Canada's 
"growth and achievement; its relation to the British Empire; its form of govern- 
ment; its natural and developed resources; its home and foreign trade; its national 
finances; its banking and currency system; and its railroads and its shipping." 
The most valuable parts of the book are the statistical chapters. 
FRASER, THOMAS M. The Budget System in Canada (Political Science Quarterly, 
December, 1920, pp. 621-636). 

An account of the working of the Canadian budget system, intended mainly 
for American readers. 

KINDLE, E. M. Arrival and Departure of Winter Conditions in the Mackenzie River 
Basin (Geographical Review, December, 1920, pp. 388-399). 

A study, by a member of the Geological Survey of Canada, of the climatology 
of the Mackenzie Valley in North-western Canada. 

Mackenzie River Driftwood (Geographical Review, January, 1921, 

pp. 50-53). 

A discussion of the source of driftwood found along the Arctic coast of 
America. 

LETOURNEAU, FIRMIN. Les ptcheries de la Gaspesie (Bulletin de la Societe de Geographic 
de Quebec, Novembre-Decembre, 1920, pp. 293-295). 

A brief study, by an Oka professor, of the fisheries of Gaspe. 

Low, FLORENCE B. Openings for British Women in Canada. London: William 
Stevens. [1920.] Pp. 96. (2 sh.) 

A little book intended to "give British women some idea of the immense field 
open to them in Canada, and of the means whereby they may take possession 
of it." 



RECENT PUBLICATIONS 99 

McLEiSH, JOHN. The Production of Iron and Steel in Canada during the Calendar Year, 

1919. (Canada: Department of Mines, Mines Branch.) Ottawa: The King's 
Printer. 1920. Pp. 45. 

A statistical abstract by the chief of the Division of Mineral Resources and 
Statistics. 

MASSEY, ALICE VINCENT. Occupations for Trained Women in Canada. London and 
Toronto: J. M. Dent & Sons. 1920. Pp. 94. (4sh. 6d.) 

An admirable little handbook which aims at answering the questions, "first, 
what occupations in Canada are open to trained women ; secondly, what provisions 
exist for their training?" 

MEURIOT, P. M. G. L' Industrie manufacturer e au Canada el specialment la grande 
Industrie d'apres les recensements de 1910 et de 1915 (Journal de la Societe de Statis- 
tique de Paris, October, 1919, pp. 313-317). 

A brief study of Canadian manufacturing. 

MONTPETIT, EDOUARD. L' Indspendance economique des Canadiens fran$ais (L'Action 
Franchise, Janvier, 1921, pp. 4-21). 

A discussion of the economic future of French Canada. 
MORRIS, KEITH. The Story of the Canadian Pacific Railway. London : William Stevens. 

1920. Pp. 128. (1 sh.) 

A popular account of the building and development of Canada's first trans- 
continental railway. 

PALMER, HOWARD. Topography of the Gold Range and Northern Selkirks, British 
Columbia (Geographical Journal, January, 1921, pp. 21-28). 

A paper which aims "to report briefly the results of a month's reconnaissance" 
of the valley of the Columbia River north of Revelstoke, British Columbia, as well 
as of the outlying foothills of the Selkirks, which border it on the east, and of the 
Gold Range which borders it on the west. 

REID, the Hon. J. D. Transport Facilities in Canada (United Empire, December, 1920, 
pp. 663-666). 

A paper read before the Royal Colonial Institute by the Canadian minister of 
railways and canals. 

ROBERT, ERNEST. Voyages au Canada Franc/iis et aux Provinces Maritimes: Le Canada 
et la Guerre. Geneve; Edition Atar. 1919. Pp. 224. (5 fr.) 

An account of a visit paid by the author to Canada before the war, now pub- 
lished to serve either as a guide-book for intending visitors or as a means of familiar- 
izing the French public with French Canada. 

STATISTICAL DEPARTMENT, BOARD OF TRADE. Statistical Abstract for the several British 
Overseas Dominions and Protectorates in each Year from 1903 to 1917- Fifty-fourth 
number. London: H.M. Stationery Office. 1920. Pp.485. (3s. 6d.) 

A British blue-book containing a summary of Canadian statistics from 1903 
to 1917 which will be found useful by students of Canadian economics. 

V. ECCLESTICAL, AND EDUCATIONAL HISTORY 

ADAM, abbe LEONIDAS. L'hisloire religieuse des Cantons de I'Est (Revue Canadienne, 
Janvier, 1921, pp. 19-34). 

A sketch of the work of the Roman Catholic Church in the Eastern Townships. 
BIDWELL, Right Rev. EDWARD J. The Church of England in Canada and Reunion 
(Hibbert Journal, July, 1920, pp. 729-736). 

A discussion of church union in Canada, by the Anglican Bishop of Ontario. 



100 THE CANADIAN HISTORICAL REVIEW 

CHARTIER, le chanoine EMILE. Le Canada fran$ais: UEnseignement libre et chretien 
(Revue Canadienne, Janvier, 1921, pp. 7-18). 

A sketch of the history of education in French Canada. 

GROULX, abbe LIONEL. Veillons sur noire histoire (L'Action Franchise, novembre, 1920, 
pp. 515-520). 

A warning, by a French-Canadian Nationalist, against a revision of the history 
text-books of the province of Quebec. 

LENHART, JOHN M., O.M. Cap. The Church of Canada after the British Conquest (1760- 
J 775} (Records of the American Catholic Historical Society of Philadelphia, June, 
1920, pp. 162-173). 

A study of the history of the Roman Catholic Church in the province of 
Quebec during the first years of British rule. The article is in part a review of the 
late Abbe Augiiste Gosselin's L'Eglise du Canada apres la Conqu&te, but it is ap- 
parently based also on independent study, and is written in a somewhat critical 
vein. 

MAURAULT, OLIVIER. Notre-Dame de Montreal (Revue. Trimestrielle Canadienne, 
September, 1920, pp. 240-252). 

A detailed study, embodying much research, of the history of the church of 
Notre Dame in Montreal. 

VINCENT, I. O. The Right Track: Compulsory Education in the Province of Quebec. 
With an introduction by Prof. J. A. DALE. Toronto: J. M. Dent & Sons. [1920.] 
Pp. 223. ($1.50.) 

Reviewed on page 88. 

VI. ARCHAEOLOGY, ETHNOLOGY, AND FOLK-LORE 

(Contributed by D. Jenness.) 

ANDERSON, Lieut. -Col. W. P. Micmac Place-Names. Geographic Board of Canada. 
1919. Pp. 116. 

A study of Indian place-nomenclature in the Maritime Provinces. 

BOAS, F. The Social Organization of the Kwakiutl (American Anthropologist, April- 
June, 1920, pp. 111-126). 

A supplement to the author's treatise on the social organization and secret 
societies of the Kwakiutl Indians of British Columbia, published by the U.S. 
National Museum in 1897. Dr. Boas shows that the west coast tribes were not 
nearly so isolated and distinct as was once supposed, but have reacted on one 
another both in language and culture. In particular he shows that the Kwakiutl 
and the Coast Salish tribes are closely related in the matter of social organization. 

CADZOW, DONALD A. Native Copper Objects of the Copper Eskimo (Museum of the 
American Indian, Heye Foundation, vol. ii, no. 5, 1920, pp. 1-22). 
An interesting account of a genuine native industry. 

GASCOIG'NE, MARGARET. Chansons of Old French Canada. Quebec: Chateau Front- 
enac. [1920.] Pp. 31. 

In this booklet the author has harmonized a few of the more familiar folk- 
songs of French Canada. Very wisely she has been careful not to drown the 
original melodies. By using script instead of printed characters, and adding 
quaint illustrations in three-colour line drawing, she has succeeded in making her 
work very attractive. 

GEERS, G. J. The Adverbial and Prepositional Prefixes in Blackfoot. Leiden 1917 
Pp. 130. 



RECENT PUBLICATIONS 101 

This is an analysis, by one of the few European students of American languages, 
of some of the fundamental features in the structure of the Blackfoot dialect of 
Algonkian. Like many other Indian languages Algonkian presents a peculiar 
difficulty to the philologist because the ordinary grammatical categories with 
which we are familiar differentiation into nouns, adjectives, adverbs, distinctions 
of gender, ruimber and case, etc. are often inapplicable. It is hard to decide, for 
instance, in Blackfoot, whether certain elements are to be regarded as adverbial 
prefixes or as initial verb stems, yet our whole perspective of the history of Algon- 
kian and its relationship to other linguistic stocks depends on the solution of this 
and similar problems. Dr. Geers, who bases his study on the texts of Professor 
Uhlenbeck, frankly adopts an attitude suggested by his Indo-European studies, 
therein joining issue with some American philologists. His treatise, however, is 
rather a catalogue of these so-called prefixes in Blackfoot than an investigation of 
their character. 

LOWIE, E. H. Primitive Society. New York: Boni and Liveright. Pp. 463. 

A highly serviceable introduction to the general and comparative study of 
social organization in primitive levels. Its chief value consists in its being a com- 
petent and up-to-date presentation of the anti-evolutionary viewpoint which has 
gradually come to be typical of present-day students of social science. In other 
words, the phenomena of intertribal ^influence and the independent development 
of superficially similar institutions in utterly distinct ways are stressed in opposition 
to the more mechanical evolutionary standpoint of the classical anthropologists. 
The book is of particular interest to Canadians because of its frequent reference to 
the aborigines of the Dominion. 

ORR, Dr. R. B. Thirty- First Annual Archaeological Report, being part of Appendix to 
i the Report of the Ministry of Education, Ontario. Toronto. 1919. Pp. 120. 

* PECK, Rev. E. J. Eskimo Grammar. Geographic Board of Canada. 1919. Pp. 92. 

A grammatical sketch of the dialect of the Little Whale River Eskimos on the 
eastern shore of Hudson Bay. As it was intended mainly for missionaries, the 
ordinary English alphabet has been used without diacritical marks of any kind to 
indicate the real pronunciation. Philologically, therefore, the work is of little 
value. On the other hand, Dr. Peck's thorough familiarity with the language and 
his clear presentation of its fundamental grammatical features make his sketch 
an excellent handbook for the lay student. 

PRUD'HOMME, L. A. Carmel, une legende de la tribu des Cris (Proceedings and Trans- 
actions of the Royal Society of Canada, Vol. XIII, 1920, Section I, pp. 95-100). 
A folk-tale or romance illustrating Cree life and manners. 

SAPIR, E. Nass River Terms of Relationship (American Anthropologist, July-September, 
1920, pp. 261-271). 

A paper indicating, what later researches confirm, that the Nass River Indians 
must have intermarried with and been deeply influenced by the Haida. 

SPECK, FRANK G. Penobscot Shamanism (Memoir of the American Anthropological 
Association, Vol. VI, No. 4, Oct.-Dec., 1919, pp. 238-288). 

A discussion of some of the more fundamental features in the now obsolete 
shamanism of the north-eastern Indians, including not only the Penobscot, but 
their neighbours the Micmac, Malecite, and Abenaki of New Brunswick and Nova 
Scotia. 

SKINNER, ALANSON. Medicine Ceremony of the Menomini, Iowa and Wahpeton Dakota, 
with Notes on the Ceremony among the Ponca, Bungi, Ojibwa and Potawatomi (New 
York, Museum of the American Indian, Heye Foundation, Vol. IV, 1920, pp. 357). 



102 THE CANADIAN HISTORICAL REVIEW 

The religious life of many Algonkian and Siouan tribes centred in the Midewin 
or Medicine Lodge, a secret society, with usually four grades of members, the 
avowed purpose of which was the prolongation of human life and the disposition 
of the souls of the dead in their proper abode. The society may possibly have 
originated with the Ojibwa Indians of Canada, but in the present volume Mr. 
Skinner has confined himself to the surrounding tribes. His detailed descriptions 
and analyses of the ceremonies should prove a valuable contribution towards a 
final history of the society, whenever that comes to be written. 

The Pre-Iroquoian Algonkian Indians of Central and Western New York 



(Museum of the American Indian, Heye Foundation, Vol. II, No. 1, 1919, pp. 37). 
An Antique Tobacco Pouch of the Iroquois (Museum of the American Indian, 



Heye Foundation, Vol. II, No. 4, 1920, pp. 107-8). 

A Native Copper Celt from Ontario (Museum of the American Indian, Heye 



Foundation, Vol. II, No. 4, 1920, pp. 6). 

Two Antler Spoons from Ontario (Museum of the American Indian, Heye 



Foundation, Vol. II, No. 4, 1920, pp. 6). 

An Iroquois Antler Figurine (Museum of the American Indian, Heye Founda- 



tion, Vol. II, No. 5, 1920, pp. 113-4). 

These five monographs are for the most part descriptions of Iroquoian archae- 
ological specimens acquired by the Heye Museum. 

TREMBLAY, JULES. La Vente de la Poule Noire (Proceedings and Transactions of the 
Royal Society of Canada, Vol. XIII, 1920, Section I, pp. 87-94). 
An amusing folk-tale about an aspirant to the black art. 

Veillces du Bon Vieux Temps a la Bibliothtque St. Sulpice a Montreal, les 18 mars el 
24 avril, 1919. Montreal. 1920. Pp. 102. 

This booklet claims to be nothing more than the complete programme, with 
music, texts, and illustrations, of two folk-lore entertainments organized by Messrs 
C. M. Barbeau and Z. Massicotte in Montreal in the spring of 1919. The authors, 
however, have so far exceeded the limits of an ordinary programme as to produce 
a real introductory text-book of the folk-lore, folk-music, and antiquities of French 
Canada. 

WATERMAN, T. T., and COFFIN, GERALDINE. Types of Canoes on Puget Sound (Museum 
of the American Indian, Heye Foundation, Vol. II, No. 5, pp. 43). 

This monograph describes and illustrates some of the rapidly disappearing 
types of west coast canoes that have never been fully studied. It should be com- 
bined with Mr. F. W. Waugh's article on Canadian Canoes (Ottawa Field-Natural- 
ist, Vol. XXXIII, May, 1919) to obtain a summary account of the various types 
of water-craft that were employed by the aborigines of Canada. 

WINTEMBERG, W. J. Lord Lovel and Lady Nancy: a Traditional Ballad (Proceedings 
and Transactions of the Royal Society of Canada, Vol. XIII, 1920, Section II, 
pp. 19-36). 

A paper discussing the variants in England and America of one of the best- 
known Canadian ballads, tracing its underlying motif through European and 
Asiatic folk-lore. 



Canadian 



VOL. II. TORONTO, JUNE, 1921 No. 2 



NOTES AND COMMENTS 



TT is seldom that one finds in the pages of Hansard an historical 
* essay; but the speech delivered by Sir Robert Borden in the 
Canadian House of Commons oh April 21, 1921, on the subject 
of "Canadian Representation in the United States", contained so 
much careful historical research into some of the phases of Cana- 
dian constitutional growth since Confederation that it easily falls 
within this description. Taking advantage, during the debate 
on supply, of an item in the estimates for a Canadian representative 
in the United States, Sir Robert Borden seized the opportunity 
to view the history of Canada's relations with the Mother Country 
since Confederation, so far as the subjects of diplomatic repre- 
sentation and the negotiation of commercial treaties are concerned. 
He illuminated his survey of the subject with copious references 
to state-papers and previous parliamentary debates references 
that must have necessitated a very wide range of reading in the 
source-material of the subject; and he placed on the pages of 
Hansard, as a result, an account of one phase of the recent con- 
situtional history o!f Canada which is perhaps fuller and more 
exhaustive than anything hitherto published. Of particular 
interest is the account given of the debate on the subject of 
Canadian representation at Washington in the Canadian House 
of Commons in 1892, and the objections raised to the idea at that 
time objections which, Sir Robert Borden contends, are met by 
the proposal now approved by both the British government and 
the Canadian parliament. 

103 



104 THE CANADIAN HISTORICAL REVIEW 

A week later, on April 27, Sir Rqbert Borden again touched 
oh the subject of imperial relations in the debate on the forth- 
coming Imperial Conference. On this occasion he devoted his 
attention mainly to the history of inter-imperial consultation. 
His account of this was comparatively slight ; but as an estimate of 
the position which Canada now occupies in the Empire, by a 
statesman who has been largely instrumental in obtaining for 
Canada the recognition of her new status, the speech should be 
of great interest and value to students of Canadian history. 



We have had occasion before to refer to the amount of work 
being done in Canadian history in the universities of the United 
States. A signal illustration of this may be found in the List 
of Doctoral Dissertations in History now in progress at the chief 
American Universities, recently issued by the Department of 
Historical Research of the Carnegie Institution of Washington. 
A considerable number of these dissertations deal with phases of 
Canadian history; and since their titles may be of interest to 
readers of the REVIEW, we make no apology for reproducing them 
here: 

1. INNIS, H. A. History of the Canadian Pacific Railway. 

(Chicago.) 

2. RIFE, C. W. Vermont and Great Britain, 1779-1791. (Yale.) 

3. STEWART, B. M. Immigration and Settlement in Canada 

before Confederation. (Chicago.) 

4. MACDONALD, NORMAN. Scottish Settlements in Canada (East 

of the Great Lakes}, 1774-1781. (Harvard.) 

5. HOWE, J. E. Historical Antecedents of the Unicameral System 

in New Brunswick. (Yale.) 

6. BANCROFT, E. C. Trade Relations of Canada with the United 

Kingdom. (Yale.) 

7. WHITELAW, W. M. French Catholics in Canada since 1791. 

(Columbia.) 

8. WILSON, G.E. The Life of Robert Baldwin; a Study in Cana- 

dian Politics. (Harvard.) 

9. CLARK, W. C. The History of the Canadian Grain Trade. 

(Harvard.) 

10. VINER, JACOB. The International Trade of Canada with 

Particular Reference to the Period Since 1890. (Harvard.) 

11. HYDE, D. C. Canadian War Finance. (Harvard.) 



The present number of the REVIEW contains, in addition to 



NOTES AND COMMENTS 105 

reviews and book-notices, three articles and a document. The 
first article, on The Nature of Canadian Federalism, is by Professor 
W. P. M. Kennedy of the University of Toronto, and is an attempt 
to answer the question, hitherto never fully explored, whether 
the Dominion of Canada should properly be called a federation 
or a confederation. The second paper, on The New Provincial 
Archives of Quebec, is by Colonel William Wood of Quebec, the 
author of many well-known contributions to Canadian history. 
Incidentally, the article serves as a review of the splendid voLimes 
of documents which the Quebec Archives have been publishing, 
under the direction of Mr. P. G. Roy. The third article is a 
review, from the Canadian standpoint, of The Literature of the 
Peace Conference, by Professor R. Hodder Williams of the Univer- 
sity of Toronto. Lastly, the docu'ment, which is edited by Pro- 
fessor W. B. Munro, of the Department of Government in Harvard 
University, is a hitherto unpublished official account of what 
Professor Munro calls The Brandy Parliament of 1678 an 
interesting experiment in the constitutional history of New France. 
Professor Munro's introduction to this document, summarizing 
the arguments advanced by the members of the parliamentum 
for and against the prohibition of the sale of spLrituou,s liquors to 
the Indians, will be found not only valuable for the light which it 
throws on the social history of New France, but also entertaining 
in itself. 



THE NATURE OF CANADIAN FEDERALISM 



Suggestions looking toward some form of union among the 
provinces of British North America are frequent in Canadian 
/ history from 1784, when the idea was first mooted by Lieutenant- 
Colonel Morse, l to the eve of 1867. Little, however, of the nature 
of the suggested union can be gained from a study of the extant 
proposals. If we except the abortive Act of Union 2 for Upper and 
Lower Canada in 1822, no one except Chief Justice Smith seems 
to have worked out a scheme in any detail, 3 and his proposals are 
so vague that it is impossible to decide whether he had in mind a 
legislative union, a confederation, or a federation. John Beverley 
yRobinson 4 desired to unite the provinces by "giving them a 
common legislature and erecting them into a kingdom." The 
phrase seems to point to a legislative union, and this assumption 
is strengthened by the emphasis which Robinson laid on the fact 
that the new government would be clearly distinguished from the 
republican institutions of the United States. There was, however, 
no political discussion, no examination of the nature and essence 
of the scheme. With Lord Durham we are in a clearer atmosphere, 
and he at least defines his terms : 

Two kinds of union have been proposed federal and legislative. 
By the first the separate Legislature of each Province would be 
preserved in its present form, and retain almost all its present 
attributes of internal legislation, the Federal Legislature exercising 
no power save in those matters which may have been expressly 
ceded to it by the Constituent Provinces. A legislative union 
would imply a complete incorporation of the Provinces included 
in it under one Legislature, exercising universal and sole legislative 
authority over all of them in exactly the same manner as the Parlia- 
ment legislates alone for the whole of the British Isles. 5 

1 Canadian Archives Report (1884), p. iii. 

2 Kennedy, Documents of the Canadian Constitution, pp. 307 ff. 

3 Ibid., pp. 203 ff. 

4 Quoted in Egerton and Grant, Canadian Constitutional Development, p. 147. 
Cf. Sewell and Robinson, Plan for a General Legislative Union of the British Provinces 
in North America (London, 1824). 

6 Report on the Affairs of British North America (Montreal, 1839), p. 116. 

106 



THE NATURE OF CANADIAN FEDERALISM 107 

By a "federal union" Durham meant the creation of a central 
government to which the constituent provinces would delegate 
certain powers. In other words, the national government would 
be a delegation from the provincial governments for the carry- 
ing out of certain specific purposes. Such a conception raises 
fruie question, can such a government be called " a federal govern- 
ment"? This question must be discussed at this point, because, 
as will appear later, such a duscussion is germane to any consider- 
ation of the debates in the parliament of Canada in 1865. 

Without examining the nature of political unions in the 
ancient world, on which historians and jurists differ, in American 
history such a union as that proposed by Lord Durham appears 
to have been called a confederation. "The perpetual Confeder- 
ation" of MassachuseTEs^ Connecticut, Plymouth, and New 
Haven (1643-1684), and Franklin's "Draft for Union" in 1754, 
are cases in point. 1 In both cases, the general or national govern- 
ment was a delegate. It existed on sufferance of creating prin- 
cipals. The best illustration, however, is found in the Articles 
of Confederation proposed in 1777 and ratified in 1781. Owing 
their immediate origin to the necessity for military union, they 
have in addition behind them a political philosophy based on 
experience. The earliest signs of democratic tendencies in North 
America are to be found in local government. Here was the 
pregnant school of political training. As a consequence it is not 
surprising to find a mistrust of a strong central government running 
through the whole conception of the union. The unifying ma- 
chinery created for the purposes of the Revolutionary War was 
not only weak in those aspects known to every school-boy, but 
was deliberately made a delegation from states which retained, 
not theoretically but actually, their political sovereignty. A clear- 
cut relation of principals and delegate was set up, such a scheme 
of government being known as a confederation. In other words 
and in legal language, the national government was not sovereign, 
nor was it endowed with plenary powers within its sphere. It 
was, as Robert Morris, superintendent of finance for the Thirteen 
Colonies in 1781-1784, said, "A government whose sole authority 
consists in the power of framing recommendations." When 
Hamilton proposed the conference at Philadelphia which framed 
the constitution of the United States, it was with the idea of creat- 
ing "an adequate federal government". The new government 

1 Macdonald, Select Charters, vol. I, pp. 94 ff. 



108 THE CANADIAN HISTORICAL REVIEW 

which took the place of that under the Articles of Confederation 
was not the agent of the states. It springs, in theory and in state- 
ment at least, from the people, and over them within its sphere it 
has sovereign and plenary power. Allowing that the convention 
was called merely to revise the Confederation and allowing that 
the general tone of the convention pointed to something quite 
different from the constitutional theory superficially found in the 
written document and elaborated by the Supreme Court, the fact 
remains that the convention created something new a federation 
as James Wilson of Pennsylvania saw at the time. 1 This is 
the view taken of the constitution by the courts. A federation 
may originate historically in many ways ; but once the federation 
is formed, the current of historical and legal opinion is that the 
central and the provincial or state governments have co-ordinate 
authority. Nor does the fact that the powers given to the 
national government may be specifically enumerated, and the 
residue of undefined powers reserved to the states or to the people 
enter into the discussion. To the uncritical student the fact 
might point to delegation. But a federal government is created 
for national purposes and for the undertaking of international 
obligations; and if those purposes are to be carried out and those 
obligations enforced as they could not be under a confederation 
then the national government must be endowed with the pleni- 
tude of sovereignty within its sphere. That sphere may be 
defined, or implication may widen its definition, because of the 
"incidental and instrumental powers", as Judge Cooley said, 
necessary to its effectual functioning, but definition or non- 
definition is immaterial. Finally, in this connexion, it is signi- 
ficant that, when the Civil War arose to test the nature of the 
American constitution, the Sdqth^rn States called themselves 
"the Confederate States of America". Their actual constitution 
may not point to either looseness of union or to weakness of coop- 
eration. Military success alone could finally have tested it; but 
they deliberately chose a name for their political organization 
pointing to the loosely cemented regime before the creation of the 
United States, and their army was known as the "Confederate 
Army" as distinguished from "the Federal Army of the United 
States." 

When we come to consider the unification of the provinces of 
British North America, the first thing which strikes us in the 

1 Elliot's Debates, I., p. 119; II, p. 440. 



THE NATURE OF CANADIAN FEDERALISM 109 

documents is the mixed and confused use of terms. In the 
confidential memorandum 1 drawn up in 1864, which was the basis 
for th<e Coalition Ministry pledged to carry out the unification, 
"federal principle", "federal union", and ''confederation" are all 
used to describe the political scheme which brought Conservatives 
and Liberals together. The inexactitude of the phraseology 
might be put down to lack of political training were it not for the 
fact that, during the debates 2 on the Quebec Resolutions in the 
Parliament of Canada in February, 1865, "federation" and 
"confederation" seem to have been deliberately used to confuse 
the issue. It is clear that there was a certain amount of camouflage. 
Macdonald's attitude can be judged from two quotations, taken 
widely apart, from his speech of February 6 : 

The Conference having come to the conclusion that a legislative 
union, pure and simple, was impracticable, our next attempt was 
to form a government upon federal principles, which would give 
to the General Government the strength of a legislative and ad- 
ministrative union, while at the same time it preserved that liberty 
action for the different Sections which is allowed by a Federal 
Union. 3 

We .... strengthen the Central Parliament and make the 
Confederation one people and one government, instead of five 
peoples and five governments, with merely a point of authority 
connecting us to a limited and insufficient extent .... 
j^is is to be one united Province with the Local Governments and 
Legislatures subordinate -to the General Government and Legis- 
lature . . . . 4 

In the first quotation, "federal" is used when the "liberty" of the 
provinces is referred to; in the second, "confederation" the 
designation historically connected with loosely organized unions 
is used, when the real nature of Macdonald's proposal is referred 
to. That real nature was nothing else than a thinly-veiled 
\ legislative union a "federation" or a "confederation" (Mac- 
donald did not care what it was called) in which the provinces 
should be merely municipal agents of the national government. 
It is not without significance that in the title of the official debates 

1 Pope, Memoirs of Sir John A. Macdonald, vol. I, p. 344. 

2 Parliamentary Debates on the Subject of the Confederation of the British North 
American Provinces (Quebec, 1865). 

3 Ibid., p. 32. 

4 Ibid., pp. 41 ff. 



oH) 
(Xfr 



110 THE CANADIAN HISTORICAL REVIEW 

the word "Confederation" appears. The object was to carry the 
proposals. It remained for the astute mind of Antoine Dorion 
to challenge the ambiguities: 

The Confederation I advocated was a real confederation giving the 
largest powers to the Local Governments and merely a delegated 
authority to the General Government in that respect differing 
in toto from the one now proposed, which gives all the powers to the 
Central Government and reserves for the Local Governments the 
smallest possible amount of freedom of action. 1 

Dorion's clearness may have influenced the official title, and it 
cannot have been entirely an accident that during the ministry 
of Sir Wilfrid Laurier, who himself came from Dorion's cenade, 
provincial legislation was largely free from Dominion interference, 
a matter to which I shall return later in another connexion. 

For many years after 1867 the provinces held a subordinate 
position, as Dorion feared. Until the advent to power of the 
Liberal party in 1896, "provincial rights" had a small place in 
Conservative policy, dominated as it was by the personality 
or memory of Macdonald. But, however much party politics 
may have forced issues in constitutional law a matter with which 
we have no concern there was a safeguard independent of politics, 
of the opinions expressed or implied by the Fathers of Canadian 
unification, and of the fact that they had to be content with an 
agreement which was but a skeleton and could not embody 
Macdonald's real aims if it were to be accepted by the provinces. 
That safeguard is found in the fact that the Privy Council has 
always considered the British North America Act as a British 
v/ statute, has held that its interpretation must begin from that 
point of view, and that all its parts must be given their natural 
sense when read in conjunction. As a consequence, and without 
for the moment considering the light which that interpretation 
has thrown on the nature of the Canadian constitution, we have 
been saved from much emotional challenge, from the so-called 
invasion of sacrosanct instruments, and from any attempt to 
confine interpretations within a preconceived Canadian notion of 
the essence of the Canadian system. These facts are neither 
academic nor legal. They are of practical importance. Canada 
has accepted the principle: 2 but it has been rejected by the High 
Court of Australia, of which the majority tends to believe in the 

1 Ibid., p. 250. 

2 Abbott v. City of St. John, 40 Supreme Court of Canada Reports, 597. 



THE NATURE OF CANADIAN FEDERALISM 111 

immunity of instrumentalities. There are thus grave clashes of 
interpretation, because the Australian High Court maintains that 
the Australian constitution cannot be subject to the ordinary rules 
governing a British statute, which must be modified by the con- 
ception of the constitution in the minds of the founders of the 
Commonwealth . 

The almost necessarily incomplete nature of the British North 
America Act has resulted in a. series of legal decisions on which 
it is possible to found some idea of the nature of Canadian feder- 
alism. First of all, the Dominion parliament is not a delegation 
from the imperial parliament or from the provinces. 1 It has full 
and complete powers within its reference. Secondly, the pro- 
vincial parliaments are not delegations from the imperial parlia- 
ment: 

When the British North America Act enacted that there should 

be a Legislature for Ontario and that its Legislative Assembly should 

have exclusive authority to make laws for the Province and for 

provincial purposes in relation to the matters enumerated in 

Sect. 92, it conferred powers not in any sense to be exercised by 

delegation from or as agents of the Imperial Parliament, but author- 

S ity as plenary and as ample within the limits prescribed by Sect. 92 

as the Imperial Parliament in the plenitude of its power possessed 

and could bestow. Within these limits of subjects and area, the 

local Legislature is supreme and has the same authority as the 

Imperial Parliament or the Parliament of the Dominion. 2 

Thirdly, the provincial parliaments are not delegations from the 

Dominion parliament: 

, The Provincial Legislature of New Brunswick .... 
derives no authority from the Government of Canada, and its status 
is in no way analogous to a municipal institution, which is an 
authority constituted for purposes of local administration. It 
possesses powers not of administration merely, but of legis- 
lation, in the strictest sense of that word; and, within the limits 
assigned by S. 92 of the Act of 1867, these powers are exclusive and 
supreme. 3 

From these interpretations it is clear (1) that the Dominion 
parliament is a sovereign parliament within the meaning of S. 91 

1 The Attorney General for Canada v. Cain and Gilhula, A. C. 542. 
/* Hodge v. The Queen, 9 App. Cases, 117. 

/ 3 The Liquidators of the Maritime Bank of Canada v. The Receiver General of New 
Brunswick (1892), A. C. 437. 



112 THE CANADIAN HISTORICAL REVIEW 

of the Act of 1867; and in no sense a delegate, related to the pro- 
vinces as principals; (2) that the provincial parliaments are in no 
sense delegates either of the imperial parliament or of the Dominion 
parliament. 

Further light is thrown on the matter by a famous passage in 
the judgment delivered by Lord Watson in the last case: 

The Act of 1867 . . . nowhere professes to curtail in any 
respect fhe rights and privileges of the Crown or to disturb the rela- 
tions then subsisting between the Sovereign and the Provinces. 
The object of the Act was neither to weld the Provinces into one, nor 
to subordinate Provincial Governments to a central authority, 
but to create a Federal Government in which they should all be 
represented, entrusted with the exclusive administration of affairs 
in which they had a common interest, each Province retaining its 
independence and autonomy ... As regards those matters 
which by S. 92 are specially reserved for provincial legislation, 
the legislation of each Province continues ... as supreme 
as it was before the passing of the Act. 

A fourth conclusion emerges. The provinces remain "independent 
and autonomous". They have not beert destroyed. They poss- 
ess the executive power "before Confederation minus the powers 
.surrendered at Confederation". 1 In all these cases the court did 
(/ not discuss the nature of that surrender. It accepted the fact. 
It interpreted that fact, however, in the sense of a federation and 
not of a confederation. The conclusion we can come to seems to be 
that Canada is a federation in essence; that is, that the central 
national government is in no sense a delegation; that the pro- 
vincial governments are in no sense "municipal"; and that 
national and local governments exercise coordinate authority 
and are severally sovereign within the sphere specifically or gener- 
ically or by implication constitutionally granted to them. This 
construction agrees with the preamble of the British NoYth Amer- 
ica Act, "Whereas the Provinces of Canada, Nova Scotia and 
New Brunswick have expressed their desire to be federally united," 
however loosely that preamble may originally have been con- 
structed; and it seems to override any idea that Canada is a 
confederation. In the incidences of construction to which I 
shall return the federal conception may not be complete, but 
the essence seems to be established. 

1 Keith, Responsible Government in the Dominions, I, p. 124. 



THE NATURE OF CANADIAN FEDERALISM 113 

Unfortunately, however, in an Australian case 1 before the 
Judicial Committee of the Privy Council in 1914, Lord Haldane 
made some remarks which appear to contradict views previously 
laid down and to re-open the whole question. It is well to quote 
him at length. During the pleadings he said: 

With deference to a great many people who talk on platforms 
just now of the "Federal System", in Canada there is no federal 
system. What happened was this: An Act was passed in 1867 
which made a new start and divided certain powers of government, 
some being given to the Parliament of Canada, and some to the 
Parliament of the Provinces. The Provinces were created de novo. 
The Provinces did not come together and make a federal arrange- 
ment under which they retained their existing powers and parted 
with certain of them arid an Imperial Statute has got to ratify the 
bargain; on the contrary the whole vitality and ambit of the 
Canadian Constitution was a surrender, if you like, first, and then 
devolution . . . The meaning of a federal government is 
that a number of States come together and put certain of their 
powers into common custody, and that is the Federal Constitution 
in Australia, but in Canada not at all. 2 
In the judgment he said : 

But there remains a question which goes to the root of the 
controversy between the parties. Were the Royal Commissions 
Acts intra vires of the Commonwealth Parliament? This is a 
question which can only be answered by examining the scheme of 
the Act of 1900, which established the Commonwealth Constitution. 
About the fundamental principle of that Constitution there can be 
no doubt. It is federal in the strict sense of the term, as a reference 
to what was established on a different footing in Canada shows. 
The British North America Act of 1867 commences with a preamble 
that the then Provinces have expressed their desire to be federally 
united into ojne Dominion with a Constitution similar in principle 
to that of the United Kingsom. In a loose sense the word "federal" 
may be used, as it is there used, to describe any arrangement under 
which self-contained states agree to delegate their powers to a 
Common Government with a view to entirely new constitutions, 
even of the States themselves. But the natural and literal inter- 
pretation of the word confines its application to cases in which these 

1 Attorney General for the Commonwealth of Australia v. Colonial Sugar Refining Co., 
Ltd. (1914) A.C. 237. 

2 Times Law Reports, XXX, p. 205. 



114 THE CANADIAN HISTORICAL REVIEW 

States while agreeing on a measure of delegation, yet in the main con- 
tinue to preserve their original Constitutions. Now, as regards Can- 
ada, the second of the Resolutions passed at Quebec in 1864, on which 
the British North America Act was founded, shows that what was 
In the minds of those who agreed on the Resolutions was a general 
Government charged with matters of common interest, and new and 
merely local Governments for the Provinces. The Provinces 
were to have fresh and muqh restricted Constitutions, their Govern- 
ments being entirely remodelled. This plan was carried out by the 
Imperial Statute of 1867. By 91st Section a general power was 
given to the new Parliament of Canada to make laws for the peace, 
order and good government of Canada without restriction to 
specific subject, and excepting only the subjects specifically and 
exclusively assigned to the Provincial Legislatures by S. 92. There 
followed an enumeration of subjects which were to be dealt with 
by the Dominion Parliament, but this enumeration was not to 
restrict the generality of the power conferred on it. The Act, 
therefore, departs widely from the true federal model adopted in 
the Constitution of the United States, the tenth Amendment to 
which declares that the powers not delegated to the United States 
by the Constitution, nor prohibited to it by the States are reserved 
to the States respectively, or to their people. Of the Canadian 
Constitution the true view appears, therefore, to be that, although 
it was founded on the Quebec Resolutions and so must be accepted 
as a treaty of union among these Provinces, yet when once enacted 
by the Imperial Parliament, it constituted a fresh departure, and 
established new Dominion and Provincial Governments with 
defined powers and duties both derived from the Actot the Imperial 
Parliament which was their legal source. 

Lord Haldane's statements can be brojken up and considered under 
several heads. First, he defines a federal state as one in which 
"States while agreeing to a measure of delegation yet in the main 
continue to preserve their original Constitutions" "a federal 
arrangement under which they retained their existing powers and 
parted with certain of them". It cannot but be a surprise to 
constitutional students to find a federal constitution defined as 
one in which the central or national government is a delegation 
from the constituent states or provinces. I believe that Lord 
Haldane's definition is based on an entirely wrong view of the 
essence of a federation, and that he has confused a federation with a 
confederation. Secondly, it need not be denied that a federation 
may originate as he suggests ; but it is surely illogical to confuse a 



THE NATURE OF CANADIAN FEDERALISM 115 

constitution with the historical processes by which it originated. 
Lord Haldane would have us assume that unless certain antecedent 
procedure takes place it is improper to describe the result as a 
federal state. Such a position cannot seriously be maintained. 
Political definitions must be confined to facts as they are, and must 
not be made meaningless by the dead hand of historical or social 
movements out of which the facts grew. Thirdly, he cites the 
United States as a true type of federation because it fulfills his 
processes. It is obvious to ask, is the United States no longer 
federal because it has admitted to the original "measure of 
delegation" new states other than the original colonies which alone 
were parties to the original "federal agreement"? Would Lord 
Haldane have us believe that the admission o,f newer states, which 
made no pact, has destroyed the federal character of the American 
constitution ? Finally his history of the formation of the Canadian 
constitution is too partial and incomplete to be entirely true. 
If we concede that old rights were entirely surrendered, and that 
their retention, minus those conceded to the national government, 
is necessary to a federal union, then we have no federation in 
Canada. But it is impossible to make this a rule of constitutional 
law. In the Dominion the provinces were not formed de novo. 
Canada was divided and the executive authority was maintained in 
the divisions expressly by the Act of 1867, subject to those changes 
necessary for the general union. The constitutions of New 
Brunswick and Nova Scotia were also, subject to the provisions 
of the Act, continued as they existed at the Union. 1 It was 
doubtless with these sections in mind that Lord Watson laid 
down the principle already quoted, 2 which is completely at var- 
iance with Lord Haldane's opinion. Lord Watson's conception 
has been acted on to su'ch an extent that to abandon it would upset 
much of the structure of the constitution. It has established the 
generally accepted theory that Canada* is a federation in which 
sovereign power is divided among co-ordinate governments, none 
of which are delegations and among which the provincial govern- 
ments are not new creations, but retain "their independence and 
autonomy". 

The real questions to decide, shorn of all theories, are these: 
Are the national and provincial governments related to one 
another as principal or delegate? What is the real and precise 

1 B.N.A. Act, 64, 65, 88. 

2 Supra, p. 112. 



116 THE CANADIAN HISTORICAL REVIEW 

nature of the authority which they may exercise within their 
spheres? We have seen that it has been laid down that the various 
parliaments in Canada are sovereign within the orbit of their 
established jurisdictions, and that they compel obedience as such. 
Lord Haldane's opinions, therefore, cannot be accepted as over- 
throwing the federal essence of the Canadian constitution. 

When we come, however, to consider some particular features 
of the constitution the Canadian Senate, the office of the Lieu- 
tenant-governor, and the Dominion power of disallowing pro- 
vincial Acts we may find modifications in the actual working 
of the federal idea, which yet do not destroy the essence. There 
is evidence, too, of tendencies to bring these features into accord- 
ance with the federal idea. 

It must at once be conceded that the Canadian Senate 
is not the product of a single and intelligible political principle, 
(ndeed, it attempts to embody two ideas nomination by the 
''Crown, and a timid hankering after representation of grouped 
provinces. It may be that this attempt has caused it to become 
almost "a cipher" surrounded "with derisive state" and "the 
trappings of impotence" ; l but once an elective second chamber was 
ruled out of the range of possibilities, if federation were to take 
place, and once the constituent provinces decided on the necessity 
of a second chamber, 2 it is hard to see how the Senate could have 
embodied the single federal principle. On the other hand, 
Macdonald went out of his way to emphasize how, even with 
nomination, the provinces would be protected: "In order to 
protect local interests and to prevent sectional jealousies, it was 
found necessary that the three great divisions into which British 
North America is separated should be represented in the Upper 
House on the principle of equality." 3 With temporary obscurity, 
into which we need not here enter, 4 this plan has been adhered to, 
and in 1915 when a reconstruction of the Senate was necessary 
for political and geographical reasons, the Dominion parliament 
accepted the principle and it was embodied in an imperial Act. 5 *' 

To Macdonald's prophecy, however, of the impossibility 
of the senate being filled with "partisans and political supporters", 6 

1 Goldwin Smith, Canada and the Canadian Question (1891), p. 164. 

2 Confederation Debates, pp. 34 ff. 

3 Cf. B.N.A. Act, 21, 22. 

4 Keith, Imperial Unity and the Dominions, pp. 394 ff. 

5 Parliamentary Papers, Cd. 7897: 5 and 6 George V. c. 45 (Imp. Act). 

6 Kennedy, op. cit., p. 609. 



THE NATURE OF CANADAIN FEDERALISM 117 

his own political life gave the initial lie. Dorion and Dunkin saw 
the party possibilities and the weakness in construction. The 
latter also made an interesting forecast: 

I think I can defy them to show that the Cabinet can be formed 
on any other principle than that of a representation of the several 
Provinces in that Cabinet, for it is admitted that the Provinces 
are not reaHy represented to any federal intent in the Legislative 
Council [i.e. the Senate]. The Cabinet here must discharge 
all that kind of fuWtion, which in the United States is performed, 
in the federal sense, by the Senate. And precisely as in the United 
States, wherever a federal check is needed, the Senate has to do 
federal duty as an integral part of the Executive Government. So 
here, when that check cannot be so got, we must seek such sub- 
stitute for it as we may in a federal composition of the Executive 
Council [i.e. the Cabinet]; that is to say, by making it distinctly 
representative of the Provinces. 1 

While Dunkin 's fears that the cabinet would be weakened by 
sectional differences, and by rendering insecure the constitutional 
principle of united cabinet responsibility, have not been realized, 
P yet he foretold what has become an interesting federal by-product 
I in Canada, most federal cabinets being formed, as far as possible, 
on a recognition of the claims of the constituent provinces. 2 
On the other hand, it is not uninteresting to note that in the midst 
of many suggestions for reform, if not abolition of the Senate, the 
quasi-federal aspect has not been obscured. Sir George Ross, for 
example, maintains that "the first and only duty of the Senate is 
to consider the treaty rights of all the Provinces under the Con- 
stitution". 3 

When we come to consider the Dominion power 4 of appointing 
the lieutenant-governors of the provinces and of disallowing 
provincial Acts in relation to the nature of Canadian federalism, 
we approach a problem to which no adequate consideration can be 
given here. The difficulty is as old as Federation. On the one 
hand Macdonald in 1865 emphasized the necessity "that the chief 
executive officer in each of the Provinces must be subordinate", 
^because the intention was to create subordinate local govern- 
ments and legislatures. Dorion saw here the negation of any such 

1 Confederation Debates, p. 497. 

2 Porritt, Evolution of the Dominion of Canada, pp. 357 ff. Cf. Laurier's opinions 
on the principle, House of Commons Debates, May 15, 1909. 

3 Ross, The Senate of Canada (1914), p. 51. 
' B.N.A. Act, 56, 58, 90. 



118 THE CANADIAN HISTORICAL REVIEW 

thing as responsible provincial government, while Dunkin found 
in the provision for disallowance the impossibility of any real 
provincial autonomy. 1 

Before attempting to consider the question, it is well to recall 
that Hamilton, who may be said to have originated the federal as 
opposed to the confederate constitution of the Thirteen Colonies, 
deliberately proposed at the Philadelphia Convention that the 
President should appoint the Governors of the various States, and 
that he should have an absolute veto on the Acts of the State 
Legislatures. 2 Diplomatic reasons prevented the suggestion from 
being incorporated in the constitution, but it is important to note 
that no one considered it opposed to the essence of a federal con- 
stitution, least of all Hamilton, who had the clearest conception of 
the nature of a federation. The power, at least over state legis- 
lation, was soon vested in the Supreme Court. 3 

It is unnecessary to linger over questions raised concerning 
the appointment of the lieutenant-governors. Two o,f them have 
been dismissed in Canadian history since Federation by the 
governor-general, and at first there was a general disposition to 
consider them mere creatures of the Dominion government. 
That view has been entirely abandoned. The method of their 
appointment is evidence of the federal link ; but it has been decided 
that they possess in full the provincial executive authority, 4 that 
there is no constitutional anomaly in their appointment, and 
that when once appointed they are as much representatives of the 
Crown for every purpose of government in the provinces as the 
governor-general is for all purposes of Dominion government. 5 

The Dominion power of disallowance is of more vital interest. 6 
The governor-general on the advice of responsible ministers (in 
this case, the federal minister of justice) has the power to dis- 
allow a provincial Act within one year after the receipt of the Act 
from the lieutenant-governor of a province. We can well under- 
stand a principle of disallowance where a constitutional question 
arises ; but it would be safer if the decision in such cases were left 

1 Confederation Debates, pp. 42, 225, 502. 

2 Elliot's Debates, V, App. 5. 

3 Statutes at Large (U.S.A.), I, September 24, 1789. 

4 The Attorney General of Ontario v. Mercer, 8, App. Cas. 767. 

6 The Liquidators of the Maritime Bank of Canada, v. The Receiver-General of New 
Brunswick (1892), A.C. 437. 

8 See in detail Keith, Responsible Government, II, pp. 725 ff.; Imperial Unity, pp. 
432 ff.; Lefroy, Canada's Federal System, I, pp. 30-34, 42-46. 



THE NATURE OF CANADIAN FEDERALISM 119 

to the courts as in the United States, since in a federation differ- 
ences on constitutional law must frequently arise. The resolution 
of the problem of intra vires or ultra vires ought not to be left to the 
Minister of Justice. This tends to make him too supreme, and to 
detract from the character of the Supreme Court of Canada or 
of the Privy Council 1 . For many years, however, after 1867 the 
Dominion government considered it was justified in disallowing 
provincial Acts which appeared unjust or oppressive through, for 
example, interference with vested rights without compensation, 
or through the impairing of contractual obligations. Provincial 
Acts were disallowed under these principles. Protests from the 
provinces forced the federal government to reconsider its position, 
especially as they emphasized the fact that local autonomy was 
apparently insecure, even in spheres where the provinces claimed 
exclusive jurisdiction. In 1908, Sir Allen Aylesworth, then 
minister of justice, made a Report, which was approved by the 
governor-general, in which he said: 

It is not intended by the British North America Act that the power 
of disallowance shall be exercised for the purpose of annulling 
Provincial Legislation even though your Excellency's Ministers 
consider the Legislation unjust, or oppressive, or in conflict with 
recognized legal principles, so long as such Legislation is within 
the power of the Provincial Legislature to enact it. 2 
In 1912, however, on two occasions 3 the present minister of justice, 
Mr. Doherty, while refusing to disallow for reasons stated, 
claimed that he entertained no doubt 

That the power is constitutionally capable of exercise, and may 

on occasion be properly invoked, for the purpose of preventing, not 

inconsistently with the public interest, irreparable injustice or 

undue interference with private rights or property through the 

operation of local Statutes intra vires of the Legislatures. 

On May 30, 1918, Mr. Doherty disallowed, with the approval 

of the governor-general, an Act of the British Columbia legislature 

1 See a protest in these terms from the government of British Columbia, August 22, 
1905, Provincial Legislation, 1904-1906 (Ottawa, 1907), pp. 148 ff. : "The effect of dis- 
allowance . . . is to make the Minister of Justice the highest judicial dignitary 
in the land for the determination of constitutional questions, and in reality above the 
Supreme Court of Canada. The decisions of the Supreme Court of Canada are open to 
question in the Judicial Committee of the Privy Council. From the decision of the 
Minister of Justice there is no appeal. He stands alone." 

2 Provincial Legislation, 1004-1006, p. 8. 

3 Lefroy, Treatise on Canadian Constitutional Law, pp. 63-64; 172, n. 47. 



120 THE CANADIAN HISTORICAL REVIEW 

(7-8 George V. c. 71), because it diminished substantially the con- 
sideration of a contract. He did this after hearing an argument 
before the Dominion prime minister, the minister of public works 
and himself, and after notifying the attorney-general for British 
Columbia and hearing counsel for the petitioners. There are two 
passages in this Report 1 which deserve attention. Firstly, Mr 
Doherty lays it down that he does not consider the Dominion veto 
obsolete in cases where hardship, inequality, injustice, interference 
with vested rights or contracts are brought forward. While 
preferring as a rule to leave such cases, where the legislation is 
intra vires of the province, to be redressed by the local legislature, 
yet he maintains that there are "principles governing the exercise 
of legislative power other than the mere respect and deference 
due to the expression of the will of the local constituent Assembly, 
which must be considered in the exercise of the prerogative of dis- 
allowance." He refuses to lay down those principles or to for- 
mulate general rules, but he suggests that "interference with vested 
rights or the obligation of Contracts except for public purposes, and 
upon due indemnity are processes of legislation which do not appear 
just or desirable." Secondly, upon the submission of the attor- 
ney-general for British Columbia that disallowance would involve 
a serious interference with provincial rights, he says : 

Provincial rights are conferred and limited by the British North 
America Act, and while the Provinces have the right to legislate 
uppn the subjects committed to their legislative authority, the 
power to disallow any such legislation is conferred by the same 
constitutional instrument upon the Governor-General in Council, 
and incident to the power is the duty to exercise it in proper cases. 
This power and the correspondent duty are conferred for the 
benefit of the Provinces as well as for that of the Dominion at 
large .... The mere execution of the power of disallowance 
does not therefore conflict with Provincial rights, although doubt- 
less the responsibility for the exercise of the power which rests 
with Your Excellency in Council ought to be so regulated as not 
to be made effective except in those cases in which, as in the present 
case, the propriety of exercising the power is demonstrated. 
This opinion is in direct contrast with that expressed by Sir Allen 
Aylesworth, and thus elaborated by him in the House of Commons : 
I was not, as advising His Excellency in Council, called upon to 
think at all of the injustice, of the outrageous character, it might 

i P. C. (May 30, 1918), 1334. 



THE NATURE OF CANADIAN FEDERALISM 121 

be, of the Legislation; but . . . my one inquiry ought to be 
whether or not there was anything in the legislation itself which 
went beyond the power of the Provincial Legislature. 
Sir Allen Aylesworth considered that the provincial legislatures 
within the scope of their jurisdictions were on an absolutely level 
footing with the parliament of Canada, and that protest against 
such provincial legislation as was under consideration ought to be 
fought out at the Provincial polls, as must be done in case of 
similar Dominion legislation. 1 

In December, 1909, a similar line was taken by the province 
of Ontario. The Ontario government conceded, as it was com- 
pelled to do, the right to disallow; but it maintained that that 
right was technical and must be judged in conjunction with the 
interpretation of the British North America Act, as a whole, 
which gave to the provincial governments sovereign powers within 
their jurisdictions. Any other view would mean that the people 
of the provinces had not the full enjoyment of their civil rights 
with reference to those subjects within their well-defined juris- 
diction. 2 

The divergence of opinion is not one merely between two 
ministers of justice. Professor Lefroy, with a strong catena of 
cases behind him, maintained that the courts could not disallow 
a Dominion or provincial Act "merely because it may affect injur- 
iously private rights, or destroy vested rights or be otherwise un- 
just or contrary to sound principles of legislature". 3 Mr. Justice 
Riddell, in a famous judgment, lays down the principle that 

The Legislature within its jurisdiction can do everything which 
is not naturally impossible, and is restrained by no rule human or 
divine . . . The prohibition "Thou shalt not steal" has no legal force 
upon the sovereign body, and there would be no necessity for 
compensation to be given. 4 

The Courts may, and often must, determine whether or not any 
Act is constitutional ; but once a decision is arrived at establishing 
the right of a province to legislate on the subject matter of the 

1 House of Commons Debates (1909), pp. 1750 ff. Cf. Mr. Justice Riddell in 
Smith v. City of London (20 Ont. Law Reports 1909, 133): "An Act of Parliament 
can do no wrong, though it may do several things that look pretty odd." 

2 Attorney-general of Ontario, to the governor-general of Canada, December 9, 1909. . 
8 Op. cit., p. 70. 

4 Florence Mining Co. v. The Cobalt Lake Mining Co. (1909) 18 Ontario Law Reports, 
257. 



122 THE CANADIAN HISTORICAL REVIEW 

Act "arguments founded on alleged hardship or injustice can have 
no \veight". 1 

On the one hand is the opinion which holds that the provinces 
of Canada are sovereign within their established spheres, and that 
a Court, and a fortiori the Dominion cabinet, ought not to dis- 
allow a provincial Act except when it is clearly unconstitutional. 
On the other hand is the opinion which holds that the Dominion 
cabinet can veto a provincial Act, otherwise intra vires, when it 
comes within such description as that made by Mr. Doherty or 
Professor Lefroy. 

Lay opinion is of little worth, but certain criticisms can be 
submitted. If the constitution is "similar in principle to that of 
the United Kingdom" 2 and if the provincial legislatures are in 
reality what the Privy Council has already defined them to be 
sovereign powers with as full and ample authority as the imperial 
parliament within their jurisdictions certain conclusions seem 
to follow. The rule of British constitutional law must hold that, 
granted the legislative power, it is impossible to question the 
justice of that legislation. This is Mr. Justice Riddell's opinion. 
Redress lies with the people "who are the best judges of the laws 
they are governed by". 3 This conception, too, fits in with a federal 
idea of the nature of Canadian government, suggested, as we have 
seen, by Lord Watson. Of coiirse, it would not destroy a federal 
constitution had the Canadian constitution contained a clause 
like that in the constitution of the United States, 4 prohibiting the 
provinces from impairing the obligation of contracts or from inter- 
fering with matters within Mr. Doherty's description. The 
suggestion merely is this : once it is clear that the Act is consti- 
tutional, then its consequences and results in actual life are open 
to judgment by the electorate alone. 

On the other hand, with due deference and respect, it is sub- 
mitted that, if Mr. Doherty's position is the correct one, then the 
federal idea is overthrown, for the legislatures of the provinces 
cease to be the bodies described by the Privy Council and take that 

1 Moss, C. J., in ibid, p. 293. See, inter alia, Mr. Justice Riddell's The Constitution 
of Canada and the valuable notes on Chapter III. 

2 Cf. Edward Blake: "a single line imported into the system that complex and some- 
what indefinite aggregate called the British Constitution" (St. Catharines Milling and 
Lumber Co. v, The Queen, 14 App. Cas. 46). 

3 Riddell, op. cit., p. 98. Mr. Justice Riddell's opinion was approved by the Court 
of Appeal for Ontario and by the Judicial Committee of the Privy Council (Ibid., p. 112). 

4 Article I, 10. 



THE NATURE OF CANADIAN FEDERALISM 123 

subordinate position which Macdonald meant them to hold and 
Professor Dicey appears to believe they possess. 1 I have not for- 
gotten that it is possible for such Acts as Mr. Doherty has in mind 
to be drawn into a clearly defined constitutional issue, and dis- 
allowed because they may infringe on the Dominion power to 
legislate for "the peace, order and good government of Canada." 
That is a matter for interpretation legally constituted, and it 
does not appear open to the Courts in this connexion "to sub- 
stitute their own opinion, whether a particular enactment was 
calculated as a matter of fact and good policy to secure peace, 
order and good government, for the decision of the Legislature". 2 
It is quite a different thing, however, that the supporters of this 
opinion mean. Again, I would submit that the emphasis laid on 
this position seems to magnify one power allowed by the British 
North America Act to the Dominion government at the expense 
of the construction of the Act as a whole and of the general elas- 
ticity of its terms. The difficulty of the position is obvious, but 
it is interesting to note that Cartier supported Mr. Doherty's 
point of view: 

/ The presumption is it [the power of disallowance by the Federal 
Government] will be exercised in cases of unjust or unwise legis- 
lation. 
He drew from Dunkin apt criticism : 

The hon. gentleman's presumption reminds me of one perhaps 
as conclusive, but which Dickens tells us failed to satisfy Mr. 
Bumble. That henpecked beadle is said to have said, on hearing 
of the legal presumption that a man's wife acts under his control: 
"If the law presumes anything of the sort, the law's a fool a 
natural fool." If this permission of disallowance rests on a pre- 
sumption that the legislation of our Provinces is going to be unjust 
or unwise, it may be needed; but under that idea one might have 
done better either not to allow, or else to restrict within narrower 
limits, such legislation. If the promised non-exercise of the power 
to disallow rests on the presumption that all will be done justly 
and wisely in the Provincial Legislatures, the legislative power is 
well given; but, then there is no need, on the other hand, for the 
permission to disallow. 
Dorion, however, with this power of disallowance among other 

1 Law of the Constitution (8th Ed.), Ch. III. Cf. Laski, The Problem of Sovereignty, 
pp. 267, ff. 

2 Keith, Responsible Government, I, p. 419. 



124 THE CANADIAN HISTORICAL REVIEW 

things in his mind, followed with the conclusion that there was 
"no real autonomy allowed to the Provinces", that "disallowance 
of all autonomy to the Provinces" characterized the scheme. 1 
If that be conceded, the nature of Canadian government is that 
of a thinly veiled legislative union ; and this position is, difficult to 
maintain considering the history, the legal decisions, and the 
actual results worked out because of them. 2 It challenges the 
authority of provincial legislation, otherwise sound, and, it is 
submitted, it re-opens the whole question of local government 
within any province. If it be correct, it is inevitable that the 
binding force of local regulations may be disputed oh the prin- 
ciple delegatus non potest delegare. Provincial regulations of 
factories or of public health, for example, may well be called in 
question by the citizens of a province. And yet this "big County 
Council" 3 this province has the constitutional power to change 
its own constitution. The two things seem incompatible. 

In conclusion, there are two further distinctions between 
a federation and a confederation which have been made. They 
are not important, but need not be overlooked. Firstly, "a 
federal state is one all parts of which are represented, for inter- 
national purposes, by one Government; and a confederation of 
states one whose governments retain the right to be separately 
represented and considered." 4 Without discussing the definition 
it is obvious that, in so far as Canada is allowed international 
relations by the imperial tie, Canada is a federation. The 
Dominion government acts for Canada as a whole in any inter- 
national affairs, including those of the Empire. Secondly, 
a federation is "a union of component states, wherein there is a 
central legislature which has authority to pass laws directly 
obligatory upon the people, the component states also having 
legislative power. In confederations, on the other hand, the 

1 Confederation Debates, p. 502, Kennedy, op. cit., p. 661. 

2 Cf. Attorney General of British Columbia to the Federal Minister of Justice, 
December 20, 1901 : "In the early days of Confederation the Dominion Executive appear 
to have been imbued with the notion that the relation between the Dominion and the 
Provinces was analogous to that existing between parent and child, and to have acted 
accordingly. That view of the status of the Provinces has been overthrown by a series 
of Imperial Privy Council decisions which have clearly established that the Provinces 
acting within the scope of their powers are almost sovereign States." Provincial 
Legislation, 1901-1903 (Ottawa, 1905), p. 56. 

J Riddell, op. cit., p. 98. 

4 Lewis, On the Use and Abuse of some Political Terms (ed. Raleigh, 1898), p. 97. 



THE NATURE OF CANADIAN FEDERALISM 125 

central body has relations with the component states only, and 
not directly with individuals, e.g., Austria-Hungary". 1 The 
inference in relation to Canada is obvious. From another aspect 
we may accept Judge Clement's opinion of the nature of Canadian 
government: "The true federal idea is clearly manifest, to recog- 
nize national unity with the right of local self-government; the 
very same idea that is stamped on the written Constitution of 
the United States." 2 

W. P. M. KENNEDY 

1 Scott, The Canadian Constitution Historically Explained (1918), p. 3. 

2 Clement, The Law of the Canadian Constitution, p. 337. 



THE NEW PROVINCIAL ARCHIVES OF QUEBEC 



EVERY student of history knows that an ideal Archives 
Branch should be able and willing to guide him toward the 
truth in these four essential ways: first, by having as much as 
possible of the original evidence in its original form; secondly, 
by having authentic copies of the most important originals which 
are kept elsewhere; thirdly, by having a descriptive catalogue of 
all the original evidence on the special subject with which the 
Branch is concerned; and fourthly, by having a guidebook to 
show the archival connections between this special subject and 
the greater whole of which it forms a correlated part. 

That the province of Quebec has not reached such an ideal is 
no great matter for surprise ; and the more the obstacles are studied 
the less the surprise will be. But that this "Ancient" and "His- 
toric" province, this "Cradle of New France", this "Heart of Old 
Canada," should only now be forming its first regular Provincial 
Archives is something that does seem to need an explanation. 
The present article is really an explanation from beginning to end. 
Yet we might as well understand at once that Quebec is a follower 
instead of a leader among her sister provinces on account not of 
her poverty but her embarrassing wealth. The archives of what 
was once the whole of Canada, and of what must always be its 
most historic part, are not only greater in bulk and more complex 
in kind than those of other pVovinces but by far the most intimately 
correlated with those of the Dominion. Moreover, many large 
and well-arranged collections exist in Montreal and Quebec, 
each serving its oWn special purpose so well that the need of a 
unified provincial reference scheme has been the less acutely felt. 
It is, however, time that the many and very different parts 
(though each retaining its cotnplete autonomy) should be cor- 
related' by means of some simple scheme of handy reference. 
It is also time that the province and the Dominion should each 
control an entirely separate, though likewise correlated, sphere of 
influence. 

The first regular Provincial Archives Branch was established 
at Quebec in September, 1920. But, like the Public Archives 
at Ottawa, it has a history behind it. Each has passed through 

126 



THE NEW PROVINCIAL ARCHIVES OF QUEBEC 127 

a neglected infancy and a rather troubled childhood before 
attaining man's estate. The Dominion Archives date from 1872, 
when Dr. Brymner issued his first report. For the next thirty 
years he worked devotedly with woefully insufficient means and 
absurdly inadequate accommodation. Many a student not yet 
old can remember the sort of converted furnace room in which 
priceless documents had to be stacked like so much fire wood; 
and many who are still comparatively young can remember the 
grubby little rooms in which the nation's archives were afterwards 
shoved aside to be out of the way. At last, in 1904, a happy 
conjunction of the four proper men took place, with the mag- 
nificent result which everyone can see at Ottawa tcvday. Lord 
Minto and Sir Wilfrid Laurier took the keenest personal interest 
in making the Canadian Public Archives what they o'ught to be. 
The Hon. Sidney Fisher, perceiving the new importance of the 
Archives, took them under his administrative wing. And in 
Dr. Doughty both Lord Minto and Sir Wilfrid foujnd a man who 
is all the better Archivist for being so very much more. 

By another happy conjunction these four men were particularly 
keen about the archives connected with Quebec. In a letter 
marked Private, written from the Viceregal Lodge at Simla five 
years after he had left Canada for good, Lord Minto said : "How 
I wish I could have been present at the Tercentenary! There 
never wa,s such a place for such a pageant as Quebec: so full of 
old memories ; and the very atmosphere seeming to take one back 
to the Chien d'Or and all the surroundings of that time. There 
is a fascination about it all which I have never met anywhere else. 
I Rope perKaps some day I may wander back as a quiet tourist." 
Sir Wilfrid Laurier and Mr. Fisher both represented Quebec 
constituencies; and this was Sir Wilfrid's answer when asked 
to join the Historic Landmarks Association, which was founded 
at a meeting of the Royal Society in Ottawa, but according to 
suggestions from Quebec: "It is a matter of absolute rule with 
me not to belong to any organization of any kind, however 
meritorious the object may be; but in this case I think I will make 
an exception." Those who were behind the scenes know that 
Lord Minto's and Sir Wilfrid's words were no mere expression 
of the polite interest which public men feel bound to shbw on 
perfunctory occasions, but the genuine expression of what they 
really thought and felt. 

Dr. Doughty's inspiring connection with the Dominion 
Archives is so well known on both sides of the water and the line 



128 THE CANADIAN HISTORICAL REVIEW 

that his equally long connection with Quebec is apt to be forgotten. 
Yet, it was during his stay there that he and Dr. G. W. Parmelee, 
the well-known Quebec educationist, produced their six splendid 
volumes of text and archives on The Siege of Quebec. It was also 
Dr. Doughty who edited The King's Book of Quebec, which formed 
the Viceregal souvenir of Tercentennial Quebec. And it is under 
Dr. Doughty's fostering care that the Quebec part of the Dominion 
Archives has become a source of original evidence without which 
no verdict can even be considered on Canadian history as a whole. 
Dr. Doughty, again, was the chief whose Quebec specialist, 
Mr. Pierre Georges Roy, has now most worthily become the new 
Provincial Archivist. This is another fact that augurs well for 
the correlations between the province and Dominion. So, too, 
are the facts that Sir Charles Fitzpatrick, the Hon. L. A. Tas- 
chereau, and the Hon. Athanase David are respectively the 
lieutenant-governor, the prime minister, and the secretary 
under whom the new Provincial Archives begin their promising 
career. The "Fitzpatrick Edition" of The Siege of Quebec 
implied far more than a compliment tp the new Chief Justice of 
Canada; for it associated with the city the name of a native 
citizen who knows and loves her history through and through, 
and who, by his great experience of Canadian, imperial, and 
international affairs, can also see how city and province are 
connected with things more complex than themselves. Mr. 
David, the enlightened minister to whose department the Archives 
Branch belongs, comes from Montreal, and is intimately ac- 
quainted with the intellectual life of the greatest city in the 
province and Dominion. Mr. Taschereau, like Sir Wilfrid 
Laurier, is a prime minister who zealously promotes everything 
that enhances the practical value of a proper Archives Branch. 
He is, indeed, the actual founder of the present system. Bon 
chien chasse de race: and a personal interest in archives should 
come naturally to Mr. Taschereau, whose family has been so long 
and intimately connected with the making of Canadian history. 
Fro/n the provincial prime minister of the twentieth century the 
Taschereaus go back to the first Canadian cardinal of the nine- 
teenth and to the French-Canadian officer who mustered his com- 
patriots on the Esplanade at Quebec in the eighteenth century 
to assist Carleton against Montgomery and Arnold. In the 
seventeenth we find "Gabriel Taschereau, sieur de Baudry et de 
Liniere, maitre des eaux et forets en Touraine" ce doux pays de 
la Touraine, which Belleforest so aptly called le jardin de France 



THE NEW PROVINCIAL ARCHIVES OF QUEBEC 129 

et le Plaisir des Roys; while in 1492, the year this New World was 
discovered, "Pierre Taschereau, marchand de drap de soie," 
was an alderman of Tours. 

French-Canadian genealogy brings us into immediate touch 
with Mr. Pierre Georges Roy, new as provincial archivist, and 
in the prime of life so far as age is concerned, but a very old hand 
at archival research. We shall presently meet him as the inde- 
fatigable and highly expert compiler of those nine volumes of 
Archives de la Province de Quebec which we shall review at the 
end of this article. Here we need only remind our readers that 
he has already edited twenty-seven annual volumes of his well- 
known and highly valued Bulletin des Recherches Historiques, and 
that, by means of this periodical and his further experience as a 
French-Canadian specialist in the Dominion Archives, he comes to 
Ms present labour of love fully equipped for the great foundational 
task which we shall explain later on. His appointment is, in 
certain ways, of even more importance to the province than Dr. 
Doughty 's was to the Dominion; because the new provincial 
system differs moire widely from the old than new from old in 
the case of the Dominion. There was a centralized Dominion 
Archives Branch at Ottawa for thirty-two years before Dr. 
Doughty took it over. But, in any proper sense of the words, 
there was no regular centralized Provincial Archives Branch 
before Mr. Roy's appointment in September, 1920. Mr. Eudore 
Evanturel served the province with devoted zeal for thirty years. 
But fie was never given the means of forming a real Provincial 
Brarfch. From his time back to Confederation a deputy registrar 
looked after such archives as the government deemed sufficiently 
provincial arid otherwise neglected for his care. 

By this time the hypercritic who has read Candide, and who 
has also seen the single fire-proof room in which the Quebec 
Provincial Archives are at present stored, will doubtless be inclined 
to quote from its famous opening chapter : M. le baron de Thunder - 
ten-tronckh etait un des plus puissants seigneurs de la Westphalie; 
car son chateau avait une porte et des fenetres. But may I ask this 
hypercritic to remember that, as he will presently see for himself, 
Mr. Roy's new Archives Branch is only the well and truly laid 
foundation of what it will yet take many years to build, and that 
even the building itself is not designed to be more in correlation 



130 THE CANADIAN HISTORICAL REVIEW 

with the whole vast mass of provincial archives in different 
hands or places, than is the axis to a globe ? 

A moment's consideration of the many different things the 
province of Quebec has been throughout the last three hundred 
years must convince every student of the immense complexity 
of the archives recording its multiform activities, and of the 
impossibility, as well as the inadvisability, of trying to concentrate 
them under any one official authority, much less in any one 
official place. The most, and perhaps the best, that can be done 
is to extend the system of Mr. Roy's official Inventaires, and 
combine it with mere reference catalogues in the case of privately 
owned archives which have good special catalogues, so that 
eventually a student will be able to find in the Provincial Archives 
Branch at Quebec either the original evidence itself or a ready 
reference to the exact place where it can be found elsewhere. 

Frotti New France to New Quebec this province has been a 
dozen different things; that is, if the four chief ecclesiastical 
differences are added to the eight which happened under civil 
rule; and of course every one of these twelve changes has left 
its mark on provincial and Dominion archives. 

(1.) 1608-1763. Quebec was Canada in the old restricted 
Sense of the word Canada throughout the French regime. 
Louisiana and Acadia differed from Canada, so far as civil govern- 
ment was concerned, in much the same way as one of the contem- 
porary British American colonies differed from another. Race, 
language, war, and, above all, the church, were the general 
bonds of union. But in administration, and in certain ways of 
daily life as well, Acadians, Louisianans and Canadians thought 
and spoke of themselves as different varieties of the same specific 
stock. This sense of difference is not yet extinct even in con- 
federated Canada ; for a Cape Breton fisherman will talk of going 
to Canada, if he sails for Montreal, in almost the same way as 
Greeks and Russians still talk of going to Europe when they take 
train for France. 

(2.) 1763-1774. Quebec continued to be Canada during the 
first eleven years of British rule. Carver's New Map of the 
Province of Quebec according to the Royal Proclamation of the 
^th of October, 1763 (reprinted in Doughty and Shortt's Con- 
stitutional Documents, published by the Dominion Archives in 
1907), shows the boundaries to have been the following: North: 
from the S. E. extremity of Lake Nipissing, through Lake St. 
John, and thence to the upper reaches of the St. John River, 



THE NEW PROVINCIAL ARCHIVES OF QUEBEC 131 

which enters the estuary of the St. Lawrence opposite the west 
end of Anticosti. Labrador, Anticosti, and the Magdalens belonged 
to Newfoundland. The southern boundary (allowing for the 
disputes that lasted till the Ashburton Treaty of 1842) was much 
the same as it is to-day. But the western line, by crossing the 
St. Lawrence at the head of Lake St. Francis and making straight 
for Lake Nipissing, took in the whoje west bank of the Ottawa. 

(3.) 1774-1783. A portentous change was effected by the 
famous Quebec Act qf 1774. This Magna Charta of the French- 
Canadian clergy and seigniorial class not only roused fierce 
debates in the imperial parliament, but was regarded by the 
American revolutionists as the final clincher of what they called 
the "Five Intolerable Acts," because it barred their way beyond 
the Mississippi. It took from Newfoundland the Atlantic coast 
of Labrador, the Magdalens, and Anticosti. It likewise added to 
Quebec practically all but the new north part of what is now 
Ontario. And it included everything between the Mississippi 
and Ohio, that is to say, the modern states of Ohio, Indiana, 
Michigan, Illinois, Wisconsin, and part of Minnesota. 

(4.) 1783-1791. With the recognition of the United States 
the province naturally lost all this country between the Mis- 
sissippi, the Ohio, and the Lakes. 

(5.) 1791-1840. When the U. E. Loyalists had settled down 
the province was divided into the Upper and Lower Canada which 
have persisted to the present day as Ontario and Quebec. Moreover 
the beginning of parliaments introduced another and an altogether 
new element into provincial archives. 

(6.) 1840-1867. The Act of Union again made Upper and 
Lower Canada a legislative whole, with one parliament instead of 
two, thus effecting an important change in some of the govern- 
mental archives. But, as before and afterwards, the French- 
Canadian ways of life developed along their own lines within 
what is now Quebec. 

(7.) 1867-1912. Confederation, and the subsequent con- 
centration in Ottawa of all that concerns Canada as a whole, 
naturally raised the question we shall presently discuss about 
the proper line of demarcation between the provincial and Do- 
minion archives. 

(8.) 1912-1921. When New Quebec was added to the existing 
province, under the statesmanlike administration of Sir Lomer 
Gouin, the Provincial Archives became entitled to all the public 
archives of the Labrador peninsula, except those concerned with 



132 THE CANADIAN HISTORICAL REVIEW 

Domfnion matters or with whatever part of the Atlantic coast may 
be adjudged to Newfoundland after the final boundary is 
settled. 

To these eight different Quebecs in the eyes of the law, we must 
add four in the eyes of the church. 

(1.) Up till 1783 Quebec was the diocesan headquarters of all 
the Frerich-speaking Roman Catholics in the whole of North 
America. Even now, if a student of ecclesiastical history wishes 
to see the original evidence about any question of diocesan 
importance concerning a pre-Revolution church or mission down 
in New Orleans he must come to find it in the Cardinal's Palace at 
Quebec. Neither the cession of Louisiana to Spain in 1762 nor 
that of Canada to Great Britain in 1763 ended the diocesan 
connection of Quebec with the whole country between the Mis- 
sissippi and the Rocky Mountains. Nor did the re-cession of 
Louisiana by Spain to France in 1800 cause a reconnection during 
the three years that preceded the Louisiana Purchase. The final 
disconnection came in 1783, after Great Britain's recognition of 
the United States. (2.) Thenceforth the Bishop of Quebec 
exercised authority over no more than what remained of British 
Nortji America. (3.) As mew bishoprics were gradually estab- 
lished in other parts of British North America, and in the province 
of Quebec itself, the old diocesan boundaries gradually shrank 
untjil they assumed (4) their present archidiocesan limits. Thus, 
in Church and State together, Quebec has been twelve different 
things during the last three hundred years. 

Each change is of course reflected in provincial archives; 
and the whole question is further complicated by the essential 
differences which have developed between the separate juris- 
dictions of the province and Dominion. The fact is that no 
precise line of demarcation can be drawn between provincial and 
Dominion archives. Nor, as it most fortunately happens, is 
there any pressing need to draw one. The entente cordiale between 
the two Branches is so complete that each can supplement the 
other a^ the occasion may require, and in these days of rapid 
facsimile reproductions the mutual exchange of documents is 
a cheap and easy matter. 

In a general sense it may be said that the line of demarcation 
between the two kinds of archives should correspond with the 
jurisdictional differentiation between the province and Dominion. 
Whatever concerns Canada as a whole, and more especially her 
relations with the Empire and the world at large, should be 



THE NEW PROVINCIAL ARCHIVES OF QUEBEC 133 

substantiated by Dominion archives. Whatever concerns Que- 
bec alone, or even most of all, should be provincial. The French 
regime and all forms of French-Canadian life are naturally of 
special interest to Quebec, even when concerned with what may 
have happened beyond the exact provincial boundaries, simply 
because Quebec is, par excellence, the French-Canadian province. 
Therefore, to make this long and complex story short, the new 
Quebec Provincial Archives under Mr. Roy are concerned not only 
with what is officially provincial but with all things French and 
French-Canadian too. 

War, however, is a more or less modified exception, because war 
has always been an all-Canadian, imperial, or international affair, 
no matter how much or little the French or French-Canadians 
were concerned. Yet it is better to err on the side of inclusion 
when doubtful cases are at issue, especially in what concerns the 
personnel. W T ho would exclude Mr. Roy's archival biographies of 
Les Officiers d'Etat-Major des Gouvernements de Quebec, Mont- 
real, et Trois Rivieres sous le Regime Fran$ais, especially in view 
of the many civil functions these officers performed? 

Coming to the field of work that lies before the new Branch at 
Quebec, and beginning with all things officially provincial, it is 
obviou's that government documents claim first attention, what- 
ever period is concerned. Going back to origins, a student wishing 
to ground himself thoroughly should get his bearings from the 
compilation made by the late Mr. J. Edmobd Roy (Mr. P. G. 
Roy's brother) out of the accumulated researches of the best 
French archivist^, and published by the Dominion Archives in 
1911 as a Rapport sur les Archives de France relatives a VHistoire 
du Canada. This portly volume, of nearly 1,100 pages, not only 
gives much direct information but opens the way to further 
original evidence of every useful kind. Some of the early govern- 
ment documents preserved in Canada itself and catalogued by 
Mr. P. G. Roy form the subject of the review with which we close 
this article. But these are only a few of even those concerned 
with the French regime alone. The entire activities of all govern- 
ments down to the present day s'hould have their appropriate 
documentation; and, as a general rule, the moment any important 
document ceases to be an active office paper it should become an 
archive. 

To take a single concrete case in which archives and office 
papers are happily combined in fire-proof buildings and under 
expert care; (though not a case which differs from what is done 



134 , THE CANADIAN HISTORICAL REVIEW 

in other provinces). The Attorney-General of Quebec presides 
over twenty-three judicial districts, each with its own prothonot- 
ary, who assembles, inspects, and files away all notarial acts as 
well as other legal documents. The fact that copies of all parish 
registers must also be sent in to him connects Church archives with 
the state in this particular way. But not even copies of other 
Church archives have to be sent in; and all originals of course 
remain Church property. This is equally true, whatever form of 
religion is concerned. But, for the moment, we are speaking of 
French-Canadian Roman Catholics alone. 

Before returning to archives which are the property of the 
provincial government we should take a glance at some non- 
governmental archives; so as to understand the great value and 
variety of all the archives relating to Quebec. 

Without a knowledge of the Church archives no one can under- 
stand the innermost recesses of French-Canadian life. And these 
archives are less known than even students think. .For instance, 
everyone knows Les Relations des Jesuites; but how many know 
that the originals of these missionary comptes rendus form only 
a very small part of the great mass of Jesuit archives in the College 
de Ste. Marie in Montreal, and that very little besides the Rela- 
tions has ever been published at all? The Montreal Sulpicians, 
again, have enormous masses of unpublished archives. And, 
as we have seen aj ready, the archdiocese of Quebec possesses 
archives of a still more varied kind. Add the great collections ac- 
cumulated by long-established orders, like the Ursulines and 
Hospitalieres ; by orders prominent in earlier days, like the 
Recollets ; by orders of later times in Canada, like the Oblats and 
Eudistes; and by the many orders of still more recent arrival in 
the province of Quebec; and add to all these again the vast ac- 
cumulations of diocesan and parochial archives : and the student 
will begin to see what fields of research there are which must be 
worked by those who would understand the French-Canadians 
from an inside point of view. 

Except for the parish registers, strictly so-called, the govern- 
ment has nothing to do with religious archives neither these nor 
any others; and there are some others of peculiar interest, Angli- 
can, Presbyterian, and the rest. Nor, by the way, is English the 
only other language in which archival records may be found: 
Indian and Gaelic are two more. There once was a militia batta- 
lion with all four different native tongues in which the detail 



THE NEW PROVINCIAL ARCHIVES OF QUEBEC 135 

had to be explained; though the actual words of command were 
given in English only. 

Cqunties, as such, play little part in the provincial life of 
Quebec: nothing, for instance, like the part they play in Nova 
Scotia, where some Bluenoses occasionally regard other Blue- 
noses almost as one military borderer is apt to regard another, all 
the world over, if the frontier runs between them. But certain 
towns have had a long municipal history of their own; and we 
must not forget that Montreal and Three Rivers were once little 
capitals of (if we may coin the word) Lieutenant-Governments, 
and that Quebec has been a sub-provincial and super-provincial 
capital as well as the simply provincial capital it has again become. 

Seigniories have been another source from which important 
archives have grown up independently of government ownership, 
though in some ways more intimately connected with the govern- 
ment than even the Church was, in spite of all the State's con- 
tinued care for her "accustomed dues". The seigniorial system 
flouVished for nearly two centuries ; and what archives it produced 
as a whole may be inferred from the six volumes published by Mr. 
J. Edmond Roy on the single Seigneurie de Lauzon. There are 
few Canadian families whose private papers have anything like 
the national interest of those examined by Historical Manuscript 
Commissions in Canada's two mother countries. But there are 
some family records, as well as individual collections, which 
should a{ least be noted for reference in connection with the 
Provincial Archives. 

Business dqne more or less within provincial limits must also 
have produced some interesting archives mostly, no doubt, 
destroyed as hopelessly "back-numbered"; or perhaps surviving 
only in emasculated government reports and the files of forgotten 
periodicals. Take fur and the fur-lords of Montreal ; or the wonder- 
ful activity of the timber trade and ship-yards at Quebec; or the 
newer provincial interests in mines, manufactures, and the sporting 
side of fish and game; or the perennial interests of the forest and 
the farm: there must be some archives still ungleaned. 

Or take societies connected with different forms of race- 
patriotism, or those of a more or less "learned" kind. There 
once was an Agricultural Society whose meetings were attended 
by Carleton. Montreal has its Societe Historique, and Chateau 
de Ramezay as the headquarters of its Numismatic and Anti- 
quarian Society. Quebec city has what seems to be the senior of 
all the learned societies in the British Empire overseas the 



136 THE CANADIAN HISTORICAL REVIEW 

Literary and Historical Society, which will celebrate its centenary 
in 1924. All these, and a few more, can make some contribution 
to provincial archives, at all events by supplying references to 
what they have in their possession. 

Finally, take such archives as originate in English not that 
they otherwise form a separate class or that many of them are 
not included in the classes mentioned already. The arrival of the 
U. E. Loyalists, the establishment of the Eastern Townships, 
the records of garrison life on the non-official side, the documents 
of various religious bodies, are only some of the activities of English- 
speaking people in the province of Quebec that should find sub- 
stantiation in provincial archives. 

This rapid glance at the archives of Quebec will give some idea 
of the need for making a general survey of all the records that exist, 
no matter whether owned by the provincial government or in 
other hands. Such a survey would have little trouble in obtaining 
the proper information in the case of archives belonging to the 
government. But it would take a good deal of time, more trouble, 
and most skill to discover and describe everything of any real 
importance that belongs to others. Moreover, some tact would 
be required, in certain cases, to reassure suspicious owners that 
the government harboured no ulterior designs against their property 
and that, so far as getting the mere information was concerned, 
the members of the government survey were only asking as a 
favour what they could not claim as a right. Of course, private 
owners (using the word "private" to include everything not be- 
longing, as of right, to the provincial government) would have 
nothing to lose and, in most cases, something to gain by having 
their archives entered in a general catalogue; for this all-inclusive 
guide would not only show official recognition of their owner- 
ship (thus furnishing a universal system of identification in case 
of loss), but would also save them the trouble of explaining to 
enquirers what they had as well as what they did n6t have. 

Moreover, to be able to find in the Provincial Archives Branch 
the proper clues to everything elsewhere as well as on the spot is a 
consummation devoutly to be wished, for an even higher reason 
than convenience of research; because whatever brings the truth 
about the province into living touch with the correlated truth 
about the Dominion and both its Mother Countries must help 
all true historians to restrict the area of darkness, prejudice, and 
misunderstanding in which so many scribbling partizans can still 



THE NEW PROVINCIAL ARCHIVES OF QUEBEC 137 

mislead their readers. There are three stages in the study and 
writing of history. The first is that of little archives and much 
prejudice. The second is that of more archives; but not enough 
to lighten truth and blacken prejudice. The third is that in which 
the original evidence of the archives is strong enough to convince 
all but those who shut their eyes. 

The discussion of history and histories, however, is going rather 
far afield to-day. So we shall return to the present new Pro- 
vincial Archives Branch, its very able Archivist, and his special 
line of work. Mr. P. G. Roy's own words will best explain his 
first great aim. "Sous le titre collectif d' Archives de la Province 
de Quebec nous esperons inventorier, d'ici a une dizaine d'annees, 
les principaux depots d 'archives de la province de Quebec. Les 
deux premieres series de cette. publication seront entierement 
consacrees aux Archives Provinciales (Palais legislatif) et aux 
Archives Judiciaires de Quebec (Palais de Justice)." Four years 
ago Mr. Roy thought twenty- two volumes would suffice for these 
inventories; but, as what he had thought would fill the first six 
has really filled nine, it seems certain that thirty at least will be 
required for the whole. These thirty volumes or so are only the 
descriptive catalogues of two collections of government archives 
in the city of Quebec. To catalogue, in the same descriptive 
way, the rest of the government archives in the province at large, 
and all the privately owned archives as well, would fill at least 
three hundred volumes, if not a great many more. There is, 
however, no need for this, provided that the Provincial Archives 
Branch has a very condensed general catalogue giving the proper 
references to the special catalogues of private collections. The 
Church archives now in the Cardinal's Palace at Quebec alone 
fill more than 15,000 dossiers. But Monseigneur Gosselin, 
the accomplished veteran Archivist of Laval University, has 
them all ready for reference on the spot. And so with many 
other private Church and lay collections; though it must be borne 
in mind that nearly all these catalogues exist in manuscript only. 

Again, it must be remembered that only the originals of many 
archives exist. When they are really important they should be 
facsimiled by and for the new Branch: and this speedily; for some 
are in danger of fire. The idea of verbatim publication has been 
wisely given up, except in a few extraordinary cases of great 
importance and limited length. The publication of the Jugements 
et Deliberations du Conseil Souverain did not justify the nearly 



138 THE CANADIAN HISTORICAL REVIEW 

eighty thousand dollars spent on the first six volumes. After 
this the work was stopped at the year 1716. The money could 
be put to far greater use by making one or more facsimiles and 
by extending Mr. Roy's system of Inventaires to every important 
collection, public or private, that has no such thing of its own. 

The present importance and future significance of Mr. Roy's 
Inventaires lie in the fact that they are the first descriptive 
catalogues of Quebec Provincial Archives begujn as the first step 
towards the complete catalogue of which we have just been speak- 
ing. There have been other good catalogues: witness, Mr. E. Z. 
Massicottfe's Repertoire des Arrdts, Edits, Mandements, Ordonnances 
et Reglements conserves dans les Archives du Palais de Justice de 
Montreal, 164.0-1760. There have also been many good volumes 
of extracts or verbatim documents published by the Dominion, 
the province, societies, and individuals. But Mr. Roy's In- 
ventaires are the first promise of what, if carried out in its entirety, 
will be the single master-key to all the archives of or in any way 
concerning the province of Quebec. They must, of course, be 
supplemented by the guides to which we have referred so often: 
one guidebobk giving general references to all provincial archives 
which have their own Inventaires; and any other giving still more 
general references to all the archives that correlate Quebec with 
the rest of Canada as well as with its-French and British father- 
lands. 

Mr. Roy's nine published volumes of Quebec archival In- 
ventaires are simply "ouvrages honores d'une souscription du 
Gouvernement de Quebec," because they were all undertaken 
before he had been transferred from the Quebec part of the 
Dominion Archives to the sole charge of the new Provincial 
Branch in September, 1920. His remaining Inventaires will be 
published as regular provincial bluebooks. The whole thirty or so 
will then form the pregnant nucleus round which the entire 
provincial Inventaires and guides will grow. The present series, 
as we have seen before, has the general title of Archives de la 
Province de Quebec. The first nine volumes are uniform in size 
(10>^x7) and general appearance. They are all admirably printed 
by La Compagnie de 1' Eclaireur, Beauceville, P. Q. And only 
the dates and special titles differ. The first two volumes were 
published in 1917 under the special title of Inventaire d'une Col- 
lection de Pieces Judiciaires, Notariales, &c., &c., conservees aux 
Archives Judiciaires de Quebec. Then, in 1919, came four vol- 



THE NEW PROVINCIAL ARCHIVES OF QUEBEC 139 

umes called Inventaire des Ordonnances des Intendants de la Nou- 
velle- France conservees aux Archives Provinciales de Quebec. In 
1920 came two volumes of Lettres de Noblesse, Genealogies, Erections 
de Comtes et Baronnies insinuees par le Conseil Souverain de la 
Nouvelle- France. In 1921 we ha\e a single volume: Inventaire 
des Insinuations du Conseil Souverain de la Nouvelle- France. 

We shall now take them all together, as the unconscious self- 
revelation of certain aspects of French and French-Canadian 
life under the Old Regime, marking the particular collection (with 
its volume and page) in every case as follows: (JN) indicates the 
Pieces Judiciaires, Notariales, etc.; (OI) the Ordonnances des 
Intendants; (LN) the Lettres de Noblesse; and (CS) the Conseil 
Souverain. 

A word about the language might not be amiss to start with, 
because a study of the seventeenth century documents gives the 
clue to so much that now seems strange in the French-Canadian 
ways of speaking French. The speech of New France (and of 
Quebec to-day) of course followed the universal principles of 
evolution in remaining comparatively fixed among those that 
used it in a remote and simple community, while the French 
spoken in the Mother Country changed much more rapidly in 
response to the ways of a far more complex life. The same is 
equally true of all other oversea communities of a similar kind. 
The language of New England is still, in some ways, older than 
that of old England to-day; and there is more of the old West- 
Country speech alive in parts of Newfoundland now than in 
Devonshire itself. People who wonder why French Canadians 
say Frangas instead of Frangais might like to know that the old 
French Army rhyme set to the dinner call known as La Soupe 
runs thus : 

C'est pas d'la soup', c'est du rata; 

C'est assez bon pour le soldat, 

Pour le soldat franca's 

And perhaps they might remember that just about the same time 
as the French of France were still calling themselves frangas 
Alexander Pope was amusing the Augustan English with this 
famous (or notorious) couplet : 

And thou, great Anna, whom three Realms obey, 

Dost sometimes counsel take, and sometimes tea. 

We might begin picking out characteristic bits almost anywhere 
in Mr. Roy's most interesting volumes. But we may as well 



140 THE CANADIAN HISTORICAL REVIEW 

make some attempt to proceed decently and in order by beginning 
with the source of all authority in France, taking up, first, Juris- 
diction, then Lettres de Cachet, and so on. And here we must 
offer, for what it may be worth, the only adverse criticism we can 
manage to scrape up against Mr. Roy. The Ordonnances des 
Intendants are only complete from 1705. Those of the previous 
forty years are scattered about piecemeal in different collections, 
and suffer from many gaps. But is it not just a little meticulous 
of Mr. Roy to begin with 1705 and ignore 1665 till more than half 
way through Volume III? 

JURISDICTION. The Ordonnance pour la levee des Dimes et 
I'Entretien des Cures en Canada (OI, iii, 246), promulgated on 
August 23, 1667, begins with reciting the commissions of Tracy, 
Courcelles, and Talon. "Alexandre de Prouville, Chevalier Seign- 
eur de Tracy, Conseiller du Roy en ses Conseils, Lieutenant- 
general des armees de Sa Majeste et dans les Isles et terre firme 
de I'Amerique meridionale et septentrionale, tant par mer que par 
terre .... Daniel de Remy, Seigneur de Courcelle, Con- 
seiller du Roy en ses Conseils, Lieutenant-general et gouverneur de 

Canada, Acadie, et Isle de Terre Neuve Jean Talon, 

aussy Conseiller de Sa Majeste en ses Conseils, Intendant de jus- 
tice, police et finances de la Nouvelle- France." An ordinance 
of the previous 9th of September (OI, iii, 225) is worth study as 
it gives the king's answers to M. Le Barroys, "Agent-General 
de la Compagnie des Indes Occidentals, " touching the relations 
of this company to the Crown and its representatives in Canada. 
Senator Chapais's excellent preface (OI, i, iii) gives a very suc- 
cinct description of the intendant. "Le gouverneur et 1'eveque 
seuls etaient au-dessus de lui. II presidait au Conseil Superieur. 
II pouvait juger souverainement en matieres civiles. Tout ce 
qui concernait la direction, le maniement, et la distribution des 
deniers royaux, et aussi des vivres, les munitions, les reparations, 
les fortifications, les contributions, la voirie, le commerce, etc., 
etaient de son ressort. Ses vastes attributions faisaient de lui 
la cheville ouvriere de notre systeme gouvernemental. On ne 
saurait ecrire 1'histoire economique et administrative de la Nou- 
velle- France sans recourir. . . . aux ordonnances. 
des intendants." The governor could report to the king without 
the consent, or even the knowledge, of the intendant; while the 
intendant had to report through, or concurrently with, the gover- 
nor. But there was nothing to prevent the intendant from reach- 
ing the king's ear by private means; and little to check him in 



THE NEW PROVINCIAL ARCHIVES OF QUEBEC 141 

Canada when he had a stronger will and less scrupulous character 
than the governor's. We all know what happened in the last 
sad days under Bigot and Vaudreuil, who together made the great 
Montcalm's naturally difficult position simply impossible. The 
root trouble in time of war was division of command, civilian 
interference at every turn, overlapping authority, and all the 
evils of the autocratic system without any of its advantages, 
owing to the absence of any autocrat on the spot. The system 
of intendants worked better in France, where they were in close 
touch with the king, helping him, in accordance with the prin- 
ciples of their inventor, Richelieu, to make all parts and parties 
work together in spite of local obstacles. Far off in Canada it 
was apt to be a different story; and continual admonitions were 
required to readjust from France the respective functions of these 
two prime officials: for instance, on April 10, 1684 (CS, 96), 
"Difficultes qu'il plaira a monsieur le marquis de Seignelay de 
decider sur les fonctions du go,uverneur et de 1'intendant du 
Canada. Ces difficultes sont au nombre de dix et ont rapport 
aux deserteurs francais, aux conges pour aller en traite, aux 
etablissements nouveaux, aux concessions a accorder, aux sauvages, 
aux gouVerneurs particuliers de Montreal, des Trois- Rivieres et 
de 1'Acadie, aux cas d'amiraute a la juridiction de 1'intendant . ." 

LETTRES DE CACHET generally seem to suggest the Bastille, if 
not extinction in an oubliette. But they were of milder general 
use than that; and even full of paternal benevolence towards 
scape-grace members of great families who had to leave their 
country for their country's good, with the hope that they would 
do better for themselves and for society in the adventurous wilds 
of Canada. When a scape-grace was sent out, a lettre de cachet 
would also be sent, asking the Canadian authorities to keep their 
eye on him, partly with a view to his own good, and partly to 
prevent his wandering off among les Anglais to the south, and per- 
haps taking ship for France again: e. g. (OI, ii, 201), ". . . . 
defense a to'utes personnes venues en ce pays par lettres de cachet 
d'en sortir. ... a peine. . . de trois mois de prison pour 
la premiere fois et de peine corporelle en cas de recidive." 

THE KING occasionally sent a personal message to his faithful 
Canadians, usually on the declaration of war, the conclusion of 
peace, or an important event in the royal family, such as his own 
marriage (CS, 177: September 5, 1725) with the "princesse 
Marie" whom his (Louis XV's) "oncle le due d'Orleans a epousee 
en mon nom dans ma ville de Strasbourg. C'est pourquoy j'ecris 



142 THE CANADIAN HISTORICAL REVIEW 

au sieur evesque de Quebec de faire chanter le Te Deum 
et pour vous dire d'y assister et d'y faire aussy assister le Conseil 
Suprieur, que vous fassiez ertsuite allumer des feux de joie, tirer 
le canon et donner les marques de rejouissance accoutumees . . 
je prie Dieu qu'il vous ayt, monsieur le marquis de Vaudreuil, 
en sa sainte garde. Louis." 

WAR does not figure largely in these volumes devoted mostly 
to civil government and legal affairs. On November 15, 1709 
(OI, i, 89), the "habitants du gouvernement de Montreal" were 
ordered to bring "la pierre et la chaux necessaires pour la batisse 
en pierre du fort de Chambly," as well as other materials. It must 
be remembered that supply and transport, ordnance stores, the 
materials for military works, etc., were under the intendant. 
On May 30, 1711, there was passed an "Ordonnance qui fait 
defense aux prisonniers anglais qui sont dans la ville de Quebec 
de s'attrouper tant dans les rues que dans les maisons, de sortir 
des maisons de leurs maitres apres le soleil couche, de fumer ou 
porter du feu dans les rues, le tout a peine d'etre mis dans les 
cachots et de 50 livres d'amende centre ceux qui les retireront 
chez eux ou leur donneront boire ou a fumer." English readers 
will remember that Bishop St. Vallierof Quebec was then a prisoner 
of war in the Tower of London, where he became quite a social 
lion. Under date of April 16, 1672 (CS, 25), we find the "De- 
claration de guerre contre les Etats-Generaux des Provinces 
Unies des Pays-Bas." The signing of the momentous Treaty of 
Utrecht is also duly entered (CS, 249). 

THE NAVY is not forgotten. We learn (OI, iii, 261) that man- 
of-war dak, as well as other wood "propres a la construction de 
vaisseaux," was watched with a careful eye from an early period; 
while the following (OI, ii, 289: March 20, 1740) shows that this 
vigilance was renewed from time to time: "Ordonnance qui de- 
fend aux proprietaires des terres de 1'ile Jesus et ses seigneuries du 
Lac-des-Deux-Montagnes, d'Argenteuil, de Vaudreuil, et de 1'ile 
Bizard d'y couper ni faire couper aucuns chenes jusqu'a ce que 
1'intendant les ait fait visiter et marquer afin deretenir les 
chenes propres a la construction des vaisseaux de Sa Majeste." 
The Pieces Judiciales, Notariales, etc., come down to the nine- 
teenth century, when, in 1801, an entry was made (JN, 400) 
about "/' Elizabeth saisi et pris par la Resistance, vaisseau de guerre 
anglais". Prizes from les Anglais appear earlier (JN, 26 and 32, 
in 1691 and 1698). 

SHIPPING figures much more largely. Here (JN, I, i: May 3, 



THE NEW PROVINCIAL ARCHIVES OF QUEBEC 143 

1642) are orders for a living lighthouse: "aux sieurs Marsollet 
et Pierre de Launday, commis de MM. de la Compagnie de la 
Nouvelle-France, de se rendre vers la Pointe aux Alouettes et d'y 
demeurer jusqu'au ler juillet pour faire garde et decouvrir les 
navires et autres vaisseaux qui pourraient venir en ces quartiers 
afin de Ten avertir le plus diligemment possible." Wreck en- 
quiries frequently occur (JN, i, 24: Jujne, 1688). So do questions 
of average (JN, i, 151, etc.). The man who called his vessel 
Ulnfortune (JN, 351: in 1757) deserved to get into trouble. 
An early entry about navigation on the Great Lakes is that of 
October 31, 1680 (OI, iii, 281), giving permission to "Francois 
Pollet, marchand, de Paris, de faire construire a ses depens une 
barque au Fort Frontenac." A crew is ordered not to quit a 
salvageable wreck (OI, ii, 304). People living below Quebec 
are forbidden to boWd incoming vessels (OI, iii, 73). Masters 
are ordered to declare their cargoes within twenty-four hours 
(OI, iii, 161). And landsmen are ordered to "buoV" (baliser) 
the winter roads (OI, i, 9). French-Canadian French is still full 
of nautical terms. You steer your course about the country by 
the points of the compass. If you miss the channel buoyed out 
for you in winter through the snow you will founder (caler) and 
perhaps become degrade, like a derelict. You must embarquer 
into and debar quer out of a vehicle of any kind. A well-dressed 
woman is said to be bi'n gre-yee, that is, quite fit to go foreign. 
Horses are mqored (amarres), enemies reconciled by being ra- 
marres, and winter heralded by a broadside of snow on the 25th 
of November la bordee de la Ste. Catherine. 

APPOINTMENTS in Canada required certificates of vie et moeurs 
(JN, 193, etc.). Precedence was a subject of muth concern to all 
parties, especially precedence in church (JN, 91, etc. and OI, ii, 
297, etc.). Such precedence depended on official, not nobiliary, 
rank. 

NOBLESSE is the subject of two volumes (LN) which should 
go far towards correcting the usulal mistakes about the so-called 
Canadian nobility. As a matter of fact, apart from the barony 
of Longueuil, now recognized by the British Crown, there never 
was any real landed nobility in Canada of the sanie kind as the 
great landed nobility of France. Moreover, the many noblemen 
who at different times came out to Canada nearly all went home 
again,. The seigneurs resident in Can,ada formed a landed gentry 
or squirearchy, a sort of petite noblesse. But there never was any 
haute noblesse rooted in the soil. Mr. Roy's own preface explains 



144 THE CANADIAN HISTORICAL REVIEW 

the whole case. His two volumes form a kind of biographical 
Burke. Names and signatures of the old regime are very puzzling 
without a key. The head of the family signed the family name 
alone. Other members used their Christian names with that 
of their estate, if they had one. If they had no estate, they simply 
used the Christian and family names with a de between them. 
One of the curiosities of the times was the co-existence of three 
"marquis de Vaudreuil", all signing simply Vaudreuil, though two 
must assuredly have had no such right whatever, as there was only 
one marquisate. Canada never seems to have had any "Com- 
missaire nomme par le roi pour la recherche des faux nobles." 

Though there was no haute noblesse there were many scions of 
very ancient families; and it should be borne in mind that many 
an untitled man is of infinitely more aristocratic antecedents than 
some newly titled people are. Mr. Roy's Lettres de Noblesse have 
another charm in the mere names of certain men or places, names 
which alone can conjure up a vision of the old regime. Does not 
la Baronnie des Islets remind one of that glorious appellation 
now merged in the minor titles of the Heir to the British Throne 
the Lord of the Isles? And is there not something of "that other 
harmony of prose" about Lafontaine de Belcour, Le Gardeur de 
Repentigny, Le Moyne de Ch&teauguay, Chartier de Lotbiniere, 
Arnolet de Rochefontaine, and Marie- Madeleine de Vercheres? 

SEIGNIORIES and SETTLEMENT naturally fill many entries. 
The seigniorial system was no bad way of settling a new country 
exposed to Indian raids and intercolonial wars. The harsher feud- 
al features were omitted or softened down ; and even the corvees 
and seigniorial dues, with all their imperfections, worked pretty 
well throughout the seventeenth and eighteenth centuries. The 
fact that seigniories became anachronistic in the nineteenth 
century does not disprove their comparative success in earlier 
times, that is, of course, considering the peculiar conditions then 
obtaining. The Ordonnance pour la Confection du Papier Terrier 
de la Terre et Seigneurie de Montreal (OI, iii, 240: November 1, 
1666) is a good specimen document beginning "Monseigneur 
1'Intendant, supplie humblement Gilles Perot, prestre," on behalf 
of "Alexandre Le Rageois de Bretonvilliers, Prestre SuperiettV du 
Seminaire de St. Sulpice, seigneur de la d. Isle de Montreal," 
and ending with Talon's approval : "Soient les vassaux, censiers, 
tenanciers, et autres redevables. . . . assignes par affiches 
publiques, pr. proceder sur les fins de la presente requeste . . ." 
The nomenclature is redolent of life on the old concessions; and 



THE NEW PROVINCIAL ARCHIVES OF QUEBEC 145 

much of it lives on in modern documents, though things themselves 
have changed. Open almost anywhere at random (e.g., OI, ii, 
40; November 4, 1729), and note how the "commissaire du Grand 
Voyer decide qu'un chemin qui montera droit du quatrieme rang 
de la seigneurie de Maure au chemin royal de la c6te Saint-Ange 
. . ." ; or (OI, ii, 217 : November 10, 1735) where the "habitants 
de la seigneurie de la Pocatiere" are ordered to pay arrears to 
"leur seigneur, le sMeur d'Auteuil," including "les cens, rentes, et 
lods et ventes." The seigneurs, in their turn (CS, 41: May 29, 
1673), though enjoying their rights over "les dites terres a per- 
petuit en tout droit de fief et seigneurie portant la foi et hommage 
au chateau de Quebec, suivant la coutume de la Prev6te et Vicomt6 
de Paris," had to do their duty to the state in peace and war. 

CONCESSIONS were of all sizes and many kinds. See (CS, 
33: May 13, 1675) "Concession par Sa Majeste a Robert Cavelier 
de la Salle . . . du diet fort, appele de Frontenac, et quatre 
lieues de pays adjacent, a compter deux mil toises pour chacune 
lieue le long des lacs et rivieres au-dessus et audessous du dit fort, 
et d'une demie lieue, ou mil toises, au-dedartp des terres, les isles 
nomm6es GanSnkSesnot et KaSenesgo et les isles adjacentes, 
avec le droit de chasse et de pesche dans le diet lac Ontario et 
rivieres circorivoisives, le tout en tiltre de fief et en toute seigneurie 
et justice .... Smaller men had smaller lands and 

smaller rights, like "Jacques de la Mo'the, marchand, etant 
a present en la ville de Paris," who got only "dix arpen,t's en 
1'ile d'Orleans" (JN, i, 6-7: March 22, 1661). 

Other typical entries relating to settlement are : (OI, ii, 24) the 
corvees required then, instead of municipal taxation now; (OI, 
iii, 271-3) the report required in 1672 from "tous ceux qui ont regu 
plus de quatre arpents . . .' . d'indiquer la quantite et la 
qualite des terres possedees, d6frichees et non defrichees"; the 
regulation^ (OI, iii, 286: April 28, 1685) permitting soldiers to 
"travailler chez les habitants; defense aux dits soldats de travailler 
avec leurs uniformes, et defense aux habitants de payer aux dits 
soldats plu^s de dix ou douze livres par mdls"; the survey (OI, ii, 
96) of lands; prospecting for lead (OI, ii, 176); gathering pitch 
(OI, ii, 184); and exploring new country (OI, ii, 256). 

THE LAW followed the progress of settlement to the best of its 
ability. Theft opens the record (JN, i, 1) on December 13, 
1638, when nine men stole sdrne boards from no less a persdnage 
than Jean-Baptiste Le Gardeur de Repentigny. Next comes 
"Chicane de voisins" (JN, i, 1, March 9, 1642). It is not till 1671 



146 THE CANADIAN HISTORICAL REVIEW 

that we rise to the height of murder (JN, i, 11), nor till 1690 
that we find a "proces criminel centre le catiavre du nomme 
Saint-Germain, soldat de la compagnie de La Groix, accuse de 
s'tre Strangle dans son cachot" (JN, i, 25). Meanwhile the seven- 
teenth century equivalent of "Please, Sir, he's got my rifle" 
appears in the " Plain te d 'Oliver Chotart contre Francois Boivin 
a propos d'une arquebuse" (JN, i, 3: May 20, 1647). In 1739 
(JN, i, 112) a merchant and an officer of French-Canadian regulars 
have "Chicane a propos d'une partie de billard." Three years 
later "Edouard Hamilton, irlandais de nation", gets into trouble 
with "Ignace Gamelin, des Forges Saint-Maurice" (JN, i, 120). 
In 1740 (JN, i, 113) there is a case in the Court of Admiralty 
against the "fermier des traites a Tadoussac a propos d'une baleine 
trouvee par des sauvages a Manicouagan." In 1745 (JN, i, 128) 
"Michel Senneville de Bussy, soldat de la garnison de Montreal" 
actually had the temerity to "fabriquer des ordonnances." 

Sexual troubles appear (JN, i, 14) in 1673, when Jeanne 
Poireau "declare qu^elle ne peut plus supporter les mauvais 
traitements qu'elle regoit de son mari, ni ses debauches contin- 
uelles." In 1732 (JN, i, 89) the king himself thunders forth an 
edict against the concealment .of births. Illegitimacy does not 
appear with undue frequency; and it seems to have been sensibly 
dealt with. In 1735 (OI, ii, 191) Jean Pepin had to pay Marie- 
Madeleine Desrochers "cinquante livres de provision alimentaire 
pour servir aux frais de gesine et en outre se charger de la nour- 
riture et entretien de 1'enfant qui naitra d'elle, et apporter tous les 
trojs mois au procureur du roi un certificat de 1'etat du dit enfant, 
et jusqu' a ce que le dit Pepin ait satisfait anj paiement de la somme 
de cinquante livres il gardera prison." In 1739 Louis Briquet, dit 
Lefebvre, was finally brought to* book, after having escaped the 
just vengeance of a widow for more than a year (OI, ii, 292). 
He then had to "payer une nourrice, puis nourrir et clever la 
dite fille dans la religion catholique, apostolique, et romaine, 
jusqu'a 1'age de dix-huit ans." 

In 1704 (JN, i, 295) the minor children of the late Jean Le 
Picard had to have a new tutor to replace M. Fromage, "qui s'est 
embarque pour le voyage de la filibustre." On September 20, 
1663, it required the intervention of the Sovereign Council to 
appoint Jean Gloria first Notary Royal of Quebec "apres deiie 
information faicte de ses vie, moeurs, religion catholique, apostoli- 
que, et romaine." Thus began a vast mass of documents redolent 
of the good old Law- French phraseology, full of the settled places 



THE NEW PROVINCIAL ARCHIVES OF QUEBEC 147 

in Canada proper, where you could "tenirfeu et lieu," of references 
to that "Coutume de Paris" which is still quoted in Quebec 
courts, and to "les pays d'en haut" which only adventurers and 
missionaries had ever seen when Gloria first handled the notarial 
pen. 

Defamation has its usual place. In 1727 (OI, ii, 17) Marie- 
Therese Houymet not only had to pay Marie-Madeleine Roullois 
twenty livres but give her "un acte par crit par lequel elle la 
reconnait pour fille de bien et d'honnaur non tachee." In 1707 
(OI, i, 41) "la fille Poitras, dont le commerce scandaleux avec le 
sieur Deloirme continue depuis longtemps", was ordered back to 
her father, who was ordered to receive her, while Delorme was for- 
bidden to keep her and she to stay with him. At the same time 
the "sieur Martin, cur6 de Sainte-Foy," was permitted to remove 
her from the bad house to the good in case of her contumacy, 
while naughty Delorme had to pay her board until such time 
as the court saw fit to make him marry her. Blasphemy, some- 
times indistinguishable from common swearing, excited the 
wrath of the authorities from a very early date. In 1665 (OI, iii, 
218) Jacques Bigeon had to pay "dix livres pour avoir jure et 
blaspheme" and remember that if he dared to "recidiver" he 
wo,uld suffer "punition corporelle." Arson raised a tremendous 
hue and cry in 1734 after "un nomme Thibault, gran'dement 
soupgonrie, avec la n6gresse de la veuve Francheville, d'avoir 
allum le grand incendie qua a devaste Montreal le 10 avril 
dernier." On October 1, 1749 (JN, ii, 359), two great characters 
in the romance of the Chien d'Or step into real life "au sujet 
de la grace du sieur de Repentigny, assassin du sieur Philibert". 
And is there not some pathos, mixed of course with bathos, in 
the final entries made in the solemn tomes of the Old Regime, 
about the little things of daily life, when the world they had so 
long and faithfully recorded was crumbling into the dust of death? 
On July 8, 1758, the day that master-strategist, Montcalm, 
fought so well at Carillon (Ticonderoga) , the intendant Bigot 
was appointing (OI, iii, 210) "Jacques Gouget huissier a la place 
de Ferdinand Lebrun." And in the fatal 1760 (OI, iii, 212) 
Repentigny makes his final appearance in a squabble with Joseph 
Duprat over a stable and a barn. 

MUNICIPAL REGULATIONS of all kinds constantly appear in the 
ordonnances: Building regulations (OI, iii, 288), orders about 
stray pigs (OI, iii, 294), garbage (OI, i, 112), the numbers to be 
borne on vehicles (OI, ii, 9), orders regarding the drain for which 



148 THE CANADIAN HISTORICAL REVIEW 

the H6tel-Dieu was responsible (OI, ii, 33), the very primitive 
fire brigade of Quebec (OI, ii, 208), and the heinous offence of 
making home-brewed ale in your own back-yard (OI, iii, 185). 
DRINK was repeatedly regulated; though more with regard to 
trade with the Indians than among the whites at home. One 
regulation (OI, ii, 6 and 7) put bars out of bounds for soldiers and 
out of bounds for everybody during divine service. Another 
(OI, ii, 217) forbade serving those who were already drunk; a 
third (OI, iii, 48) allowed drink to be given only to those that 
"needed it"; and a fourth (OI, iii, 49) was an ordonnance "qui 
defend a tout^es personnes de donner a boire aux matelots de 
1'equipage du vaisseau du Roi le Rubis qui sont a Hotel-Dieu de 
Quebec et commencent a se mieux porter." DOCTORS engaged 
the attention of the Sovereign Council as early as 1651 (CS, 6), 
when Jean Madry was made barber-surgeon of Quebec as ' 'lieu- 
tenant etcommis" of no less a personage than "Francois de Barnoin, 
conseiller du roi, son premier barbier et chirurgien ordinaire de 
Sa Majeste." Canadian doctors were protected in 1710 (OI, i, 
105) against interloping ships' surgeons, and in 1731 (OI, ii, 89) 
"le nomme Mas du Passage" wa's ordered to pay "au sieur Bertier, 
chirurgien du roi entretenu en ce pays, la somme de vingt-quatre 
livres pour pansements faits leur fille blessee dangereusement 
la tete par un coup de pied de cheval." 

FOOD CONTROL, of which present-day Europe knows so much 
and even America a little, was a pathetic necessity in May, 
1667 (OI, iii, 243), when the starving colonists were forbidden 
"d'enlever aucun grain seme, de jour ou de nuit; les proprietaires 
pourront cependant en cueillir avant la maturit^ cause de la 
disette, mais en plein jour." But the sinister figure of Bigot had 
more than even the war to do with food control from 1755 
to 1760, when one ordonnance followed another in rapid succession 
(OI, iii, 193, 200, 209, etc.). 

FISH and GAME were plentiful in early days simply because 
white men were not. In the seventeenth century the hunters 
were apt to become the hunted if they went too far afield among 
the Indians; so in 1678 we find one of several orders issued by the 
Sovereign Council (CS, 40) against going beyond the "terres 
defrichees et une lieue a la ronde, a la peine de deux mille livres 
d 'amende." Fur, fish, and game reserves were often granted for 
a term of years, e. g. in 1738 (CS, 234-5) to "Jean-Baptiste Pom- 
mereau . . . cinq lieues de front a la cote du Labrador depuis 
la pointe du gros Mecatinat . . . avec le privilege d'y faire, 



THE NEW PROVINCIAL ARCHIVES OF QUEBEC 149 

& 1'exclusion de tons autres, la peche du loup marin, chasse, et 
traitte avec les Sauvages pour dix annees." The intendant 
(OI, ii, 257: in 1738) then turned his paternal eye on "le dit 
Pommereau," warning him "de ne debaucher directement ni 
indirectement les sauvages dependants du poste de Mingan ex- 
ploite par le sieur Volant d'Haudebourg." Interest in porpoises 
exceeded that in seals, the latter not being fur seals, while the 
former were really the little white whale from which much oil 
and "porpoise hide" could be obtained. In 1707 "une societ< 
sur la riviere Ouelle" was authorized "pour faire la peche des 
marsouins" near the place known to modern summer visitors as 
the one where you take the ferry for Murray Bay. Game laws, 
more honoured in the breach than the observance, were pro- 
mulgated from time to time. In 1727 (OI, i, 296) the close season 
for the Canadian "partridge" was fixed from mid-March to mid- 
July, with "cinquante livres d'amende"; while Pierre Poulin and 
fitienne Morel, of the famous Sainte-Anne-de-Beaupre, were 
guaranteed in their rights against "toutes personnes" who had 
the audacity "de toucher a la chasse" thereabouts, "sous peine 
de dix livres d'amende envers le roi et de restitution du double 
de la valeur envers les dits Poulin et Morel." 

BUSINESS QUESTIONS occupy a good many of Mr. Roy's 
archives, such affairs being then "controlled" at all times in much 
the same way as they were in the worst areas during the recent 
War. Regulations about apprentices (JN, 12), the seizure of 
contraband furs (JN, 13), and ferry services (JN, 96) were of the 
normal kind. But the Ordonnance of 1671 "contre le meunier 
de la Touche-Champlain, qui, au mepris d'une ordonnance 
precedente, vend le ble cent sols le minot" has the true smack of 
profiteering. In 1707 (OI, i, 25) five tanners were licensed for 
Quebec with the solemn warning not to expose for sale any leather 
not up to standard. One of them rejoiced in the name of Larch- 
eveque, another in that of Dedieu. In 1709 (OI, i, 80) "chaque 
habitant des cotes du gouvernement de Montreal ne pourra avoir 
plus de deux chevaux ou cavales et un poulain." An ordinance 
of 1727 (OI, ii, 24) "fait defense aux habitants, meifniers, et autres 
de livrer leurs farines, pois, et autres grains autrement que dans 
des sacs; seuls, les marchands et negociants mettrojnt les farines 
et grains dans des quarts, barriques, et futailles, qui devront 
tre neuves, de bonne qualite, .et marques d'une marque partic- 
uliere." The exasperating system of going shares in every in- 
dividual item, dead or alive, is the subject of several fulminations. 



150 THE CANADIAN HISTORICAL REVIEW 

One of these (OI, ii, 56: of 1730) "condamne Charles Campagna 
a fournir a son voisin Asselin la moitie du harnais qui leur appar- 
tient en commun, c'est-a-dire un boeuf et un cheval, pour etre 
employes pendant quatre journees entieres aux labeurs et travaux 
de la terre du dit Asselin : defense aux dits Campagna et Asselin 
d'user 1'un envers 1'autre d'aucuhes voies de fait et mauvais 
precedes. " Standard weights and measures are. insisted on 
(OI,ii, 129) in 1732, when "tous marchands, n6gociants, boulangers, 
bouchers, cabaretiers, regrattiers, et toutes autres personnes qui 
se melent de commerce" have to bring their "aulnes, poids, et 
mesures pour e"tre verifies sur les 6talons deposes au dit greffe 
et y 6tre marques d'une fleur de lys." Protection against foreign 
goods required the august intervention of the Sovereign Council. 
For instance, in 1709 (CS, 117), "Edit de Sa Majeste qui porte 
defense de faire commerce et le transport du castor chez les 
habitants des colonies anglaises au prejudice des interress6s en 
la Compagnie des Castors." Again, in 1716 (CS, 137), "Sa 
Majeste, ayant este inform6 qu'il se vend des marchandises de 
fabrique etrangere, ce qui cause un grand prejudice aux manu- 
factures de son royaume . . . fait tres expresses inhibitions 
et defenses" in the best style of the colonial system then followed 
by every country that had any colonies at all. 

MONEY and PRICES exercize official vigilance at every turn. 
Card money (OI, iii, 287) required in 1686 the usual threats of 
"15(5 livres d 'amende" to get it into circulation among a people 
who in many places, within living memory, had no faith in any- 
thing but Vargent dur. Currency questions were what Dr. 
Johnson would have called as anfractuous as ever in 1690 (OI, 
iii, 289), when the intendant "fixe de nouveau le cours des louis 
d'or, des demi-louis", and so on down the long and fluctuating 
line. In 1705 (OI, i, 1) it was ordered that in future "les droits 
d'entree sur l'eau-de-vie, les vins et le tabac seront payes en mon- 
naie de France." In 1723 (OI, i, 249), it was ordained that "tous 
les castors qui seront livres a Montreal [where the name of Beaver 
Hall Hill preserves the memory of the Fin* Lords under the British 
regime] apres le dernier jour de septembre ne seront payes que 
1'annee suivante en lettres de change sur France" which reminds 
one of the old Hudson's Bay pound notes payable at twelve 
months on the Company's account in London. Students of 
economics and toutes autres personnes too; for who isn't interested 
in the cost of living now? will find many tit-bits of information 
in reference to prices. One document (OI, iii, 293) gives the price 



THE NEW PROVINCIAL ARCHIVES OF QUEBEC 151 

of meat in 1701 as "cinq soils la livre, de Paques a la Saint-Michel 
au carbine a cause de la guerre." Another (OI, i, 33: in 1707) 
gives hide prices as follows: "peau de boeuf neuf livres, celle de 
vache six livres quinze sols, celle de veau douze sols." The price 
of meat in 1748 (OI, iii, 113) was "le veau cinq sols la livre et le 
mouton quatre sojs." When Bigot and Cadet began operat- 
ing the market ("Joseph Cadet seul, a 1'exclusion de tous autres") 
"la viande de boucherie" 'was "trois sols six deniers la livre" 
(OI, iii, 137) ; but it soon went up, till, at the end of their nefarious 
reign, it stood at famine prices, when obtainable at all. Land 
values varied greatly. But it must be remembered that fiefs 
were different from the tenures of to-day. In 1730 (OI, ii, 80) 
the price "d'un fief sis a Chambly consistant en une demi-lieue de 
front sur une lieue de profondeur" was "3240 livres." Imagina- 
tion fails to grasp an adequate idea of the "petite maison de bois" 
which "Lagneau, dit Poitevin, soldat," bought in 1727 (OI, ii, 4) 
from "Rheaume, charretier" for "vingt-quatre livres." A very 
different kind of property slaves is duly mentioned here and 
there; with humane suggestion in 1736 (OI, ii, 209), when "tous 
les particuliers de ce pays qui voudront affranchir leurs esclaves 
seront tenus de le faire par un acte passe devant notaire." 

INDIANS, and especially the trade with them, appear again and 
again. The first "Requete des habitants des Trois-Rivieres au 
Conseil" in 1647 (JN, 3) "s'agit de la traite avec les sauvages." 
In 1705 (OI, i, 17) "les habitants de Notre-Dame des Neiges, en 
Tile de Montreal" are warned that "leurs terres seront confisquees 
s'ils donnent de l'eau-de-vie aux sauvages." In 1707 (OI, i, 32) 
fines and confiscations are threatened for all who trade "en aucuns 
autres endroits que dans les villes de Quebec, Villemarie, et Trois- 
Rivieres." In 1746 (OI, iii, 81) muskets, powder, lead, "et 
autres effets qui peuvent etre necessaires pour le service du Roi" 
are put under special ban as goods for the truck trade. An amus- 
ing entry (CS, 113) in the Insinuations for 1705 shows the Sover- 
eign Council vainly trying to get the Indian place-names into 
official French with a liberal use of the letter 8. "La riviere 
Chach8mayk8sispy" must have puzzled the clerk who had to read 
the minutes. 

VAGABONDAGE is a convenient term to cover everything that 
the authorities considered absence without leave. In 1678-9 
(OI, iii, 280) the prohibition had to be renewed against going 
"a la traite dans les habitations des sauvages et dans les profon- 
deurs des bois"; and while the second ordonnance "commet le 



152 THE CANADIAN HISTORICAL REVIEW 

sieur Migeon de Branssat pour informer centre les personnes qui 
retirent les coureurs des bois et les favorisent en leur fournissant 
des marchandises." Then in 1681 (CS, 48) the king himself 
sent "Lettres d'amnistie pour les coureurs de bois qui ont fait 
commerce sans permission." But whether the wind of govern- 
mental ddctrine blew hot or cold the coureur de bois remained 
a vagabond. Going to the south "a Manatte, Orange, et autres 
lieux appartenants aux Anglais et Hollandais" was considered 
infinitely worse. The Sovereign Council in 1684 (CS, 57) pro- 
mulgated an "Edit de Sa Majest pour la punition des Frangais 
. . . . qui comme chefs auront enterpris de deserter et se 
retirer chez les dits Anglais et Hollandais soient condamnes a 
mort, et 1'egard de ceux qui auront suivy les dits chefs soient 
condamnes aux galeres a perpetuite." Nevertheless the in ten - 
dants had to keep up a running fire of ordonnances about evasive 
trading with "Orange, Manatte, Boston, et autres lieux." In 
1716 (OI, i, 160-1) the penalty was "deux mille livres pour la 
premiere fois et punition corporelle en cas de recidive." By 1732 
the fine had been reduced to "cinq cents livres pour avoir ete a 
Sarasto, Orange, La Menade, et Boston sans permission," and 
there was no mention of corporal punishment "en cas de recidive." 
The NATURALIZATION of foreigners was not very common, but 
commoner than many suppose. The "Brevet de naturalite pour 
le sieur Feltz, allemand, chirurgien-major des troupes au Canada" 
(CS, 278: February 3, 1758) is interesting when we remember that 
this was in the middle of the Seven Years' War. Five years earlier 
(CS, 265) "Claude Thomas, anglais, etabli au Canada depuis 
quarante-cinq ans" (and, like Feltz and all those who were natur- 
alized in 1710 professing "la religion catholique, apostolique, et 
romaine") gives as one of his many reasons the fact that twenty- 
two of his children were all "etablis dans la d. cdlonie." The 1710 
lot fills nearly three of Mr. Roy's big pages, and probably was the 
greatest single haul New France ever made from New England and 
its Mother Country. There is what Mrs. Malaprop would have 
called "a nice derangement of epitaphs" in the spelling of the 
English and Irish surnames: witness, among the Irish, Jean Lara, 
Jean-Baptiste Ohe, and Jean-Baptiste Lorcol; and among the 
English, Scavlor, St. Oburn, Sloutz, Stozer, Stobberer, Shrurer, 
Ohr, Goffurier, Tarbol, Fuin, and Furie. The reason probably 
is that, in those illiterate days, most of the English-speaking 
people naturalized in Canada had lived there long enough to fo/rget 
even the proper sound of names they never knew how to spell. 



THE NEW PROVINCIAL ARCHIVES OF QUEBEC 153 

THE CHURCH catholique, apostolique et romaine appears 
in these volumes only as one among the many other factors 
that made up the curious problem of New France. The Church's 
own archives deserve a separate study of their own, for no one 
can understand Quebec without understanding her French- 
Canadian children's real connection with their Mother Church. 
Here we need only end an article which has already passed its 
proper limits by noting a few typical entries which show how 
Church influence permeated the layman's life in the times which 
Mr. Roy's revealing volumes bring so vividly before us. 

The French -Canadian bishop took the following oath of alleg- 
iance to the Crown of France (CS, 233: of 1741) : "Sire, Je Henry 
Marie DuBreuil de Pohtbriand, evesque de Quebec, jure le tres 
Saint et Sacre nom de Dieu, et promets a Votre Majeste que je 
luy seray tant que je vivray fidel sujet et serviteur . . . ." 
But, from Laval's day to our own, the French-Canadian clergy 
have been Ultramontane through and through. Gallicanism, 
discdtiraged under the French regime, never revived under the 
British, during which the French Revolution and all that fol- 
lowed tended still more to make Quebec derive from Rome direct, 
and not by way of France. 

Church and State sometimes fell out: witness (CS, 6 et seqq., 
15-16; OI, iii, 221 et seqq., etc.) the troubles raised in 1664 by 
"M. de Mezy, lieutenant-general et gouverneuV de la Nouvelle- 
France," when he said that "les sieurs de Villeray et Dauteuil 
nonim6s pour conseillers et le sieur Bourdon pour procureur du 
Roy, a la persuasion du diet sieur de Petree [Bishop Laval] qui les 
connaissait, et entierement ses creatures," were foisted on New 
France against the interests of the king and the public by Laval, 
etc., etc. Laval wished to make an attempt to settle matters 
quietly. But Mezy insisted that his ordonnance should be 
"liie, publiee, et affichee au son du tambour aux lieux accoutumes 
de ce pays." Next year (1665) Mezy stuck to his point in a letter 
to Tracy, who was coming out as the king's personal representative 
in all French America. Mezy was then a rapidly dying man. 
But he forgot nqne of the troubles "de ce qui s'est passe entre M. 
1'Evesque de Petree, les Peres Jezuittes et moy ' ' (CS, 15) . He ends 
with a little human touch (CS, 16) : "Vous aurez aussy pour 
agreable un petit present que je vous faicts qui est une petite 
baricque de vin d'Espagne." The year following (1666) the story 
of the trouble is tqjd again (OI, iii, 221) from a different point of 
view in the "Ordonnance de MM. de Tracy, Courcelles et Talon 



154 THE CANADIAN HISTORICAL REVIEW 

sur une requete du Pere LeMercier, Superieur des Jesuites de la 
Nouvelle-France, au sujet des Choses qui out ete ecrites par feu 
M. de M6zy sur le compte des dits Jesuites." Father LeMercier 
wielded his caustic pen with such effect (OI, iii, 221-4) that by the 
end of the same month (May, 1666) the Sovereign Council ordained 
that all its records concerning the trouble shduid be immediately 
"biffes et rayes" for ever. 

Orders for corvees to build or repair churches appear in both 
JN (e.g., 378 and 293) and OI (e.g., ii, 281). "Tous les habitants 
. . . chacun leur quote-part ... en presence du mis- 
sionaire, par le capitaine de la c6te, le marguilliers, et les deux plus 
anciens habitants . . ." Mr. Roy's docurnents come down 
to the British regime, both before and after the Quebec Act 
of 1774. In 1761 (JN, 392) Murray "ordojnne aux habitants de 
Saint Thomas de rembourser a leur cure" what had been spent on 
"travaux faitsau presbytere." And in 1791 Dorchester appoints 
"Adam Mabane, John Eraser, Thomas Dunn, Hertel de Rouville, 
Pierre Panet, Gabriel-Elzear Taschereau, et Pierre-Louis Des- 
cheneaux, Ecuiers, commissaires en vertu de 1'acte concernant la 
construction et la reparation des egjises." Tithes of course fre- 
quently occur. An interesting early entry is to be found in the 
ordonnance of Tracy, Courcelles, and Talon in 1667 (OI, iii, 246), 
where the following definition is laid down: "toutes les dixmes 
de quelque nature qu'elles puissent estre . . . se payeront 
seulement de treize portions une," that is, the "good old rule": 
"one for the Church and a dozen for yourself." 

Daily life had churchly regulations, enforced by the civil power : 
e.g., one (JN, 10) against eating meat in Lent, another (JN, 64) 
against holding markets during mass, and others (OI, i, 97; ii, 112; 
and iii, 1) against bad behaviou'r of various kinds .in or near a 
church. These three regulations about behaviour are : (^"De- 
fenses a toutes personnes de causer dans les eglises . . . ni 
de fumer a la porte . . . defense de sortir dans le temps que 
les cures font leurs prones . . ." (2) "Tres expresses de- 
fenses de sortir pendant le service et le pr6ne pour fumer et c- user 
au scandale des autres paroissiens." (3) "Defense aux habitants 
de la Nouvelle-France de s'injurier ni de se battre au devant de 
1'eglise." 

WILLIAM WOOD 



THE LITERATURE OF THE PEACE 
CONFERENCE 



FROM the army of English-speaking experts who laboured 
during 1919 at the Majestic and the Crillon there came 
during 1920 the beginnings of a bibliography of the new diplomacy. 
Mr. Keynes 1 was early in the field with his influential criticism of 
the peace and its makers, a criticism which has been not unfairly 
described by an American delegate as "a political pamphlet dis- 
guised as an economic analyste." 2 His American colleague, Mr. 
Baruch, 3 examined the reparation and economic clauses without 
permitting himself the luxury of a pyrotechnic Chapter III, 
and gave a valuable statement of the position adopted and main- 
tained by Mr. Wilson's advisers, adding a verbatim report of an 
important debate on war costs, in which Mr. Dulles, one of the 
few "discoveries" of the Conference, clearly overwhelmed Mr. 
Hughes of Australia and M. Klotz in logical disputation. In 1920 
came too the first serious efforts to explain the territorial solu- 
tions. In addition to the second of the volumes edited by Mr. 
Temperley, which will be noticed later, appeared a series of lectures 
delivered at Harvard by the two professors of history from that 
university who played leading parts in the Saar and Polish 
settlements; 4 and a small and quite unprovocative study of the 
new map was made by an acknowledged geographical expert, 8 
though not one of those who so profoundly influenced certain 
sections of the treaty. 

It is, however, the present year that has already seen the most 
striking increase of Peace Conference literature. Mr. Lansing 
has published his piece justificative against the charge that he should 
have resigned his position when he found his views diametrically 

1 J. M. Keynes, The Economic Consequences of the Peace (London, 1920). 

2 C. H. Haskins, in the Literary Review (New York Evening Post), Jan. 8, 1921. 

3 Bernard M. Baruch, The Making of the Reparation and Economic Sections of the 
Treaty (New York, 1920). 

4 C. H. Haskins and R. H. Lord, Some Problems of the Peace Conference (Cam- 
bridge, 1920). 

5 M. I. Newbigin, Aftermath: a geographical study of the Peace Terms (Edinburgh, 
1920). 

155 



156 THE CANADIAN HISTORICAL REVIEW 

opposed to those of his chief. 1 The "revelations" of an apologist 
seldom throw a wide beam, and Mr. Lansing's are hardly an ex- 
ception to the rule. He was admittedly a minor figure at Paris, 
and his contribution to the history of the Peace is far inferior in 
importance to the few pages on "Diplomacy by Conference" 
by Sir Maurice Hankey, 2 who speaks with great authority as the 
first and last secretary of the Council of Four, to whose regular 
sessions Mr. Keynes, for example, was, according to the official 
interpreter, not once admitted. 3 A statement of the French 
point of view, prepared for the American public by M. Tardieu, 
has also just come from the press. 4 Even propaganda (and this 
work is evidently more) commands attention when blessed by 
M. Clemenceau, who writes a foreword, and sponsored by "per- 
haps the most widely learned of all the Plenipotentiaries". 6 
There are other names that the historical student will hope to see 
on title pages at the proper time. Mr. Headlam-Morley, whose 
influence on territorial questions was so great; Professor Shotwell, 
who, though an American commissioner, may fairly be called an 
outstanding Canadian at the Conference; 6 Mr. Philip Kerr, whose 
reputation stands not merely on his close association with the 
British Prime Minister, but on the brilliant reply to the German 
protest, for which he was primarily responsible 7 these and many 
others well qualified by training and experience to help in the writ- 
ing of history are still silent. Mr. George Louis Beer, lamented 
apostle of Anglo-American solidarity, left behind him much 
material on the subject which was his special stiidy at Paris, and 
serious judgment on the problem of mandates may well be held in 
abeyance until the fruits oi his research can be prepared for 
publication. 

Considerable wealth of first-hand material, however, is now 
available, and we have perhaps as much knowledge already of the 
problems, the motives, and the mise en scene of Paris as of the Con- 
gress of Vienna. But the reader who is concerned with the care- 



1 R. Lansing, The Peace Negotiations: a personal narrative (Boston, 1921). 
4 Sir Maurice Hankey, Diplomacy by Conference (Round Table, March, 1921). 
* M. Mantoux in The Times, Feb. 14, 1920: quoted by Raskins and Lord, op. cit. 
p. 27, n. 

4 Andre Tardieu, The Truth about the Treaty (Indianapolis, 1921). 
6 Temperley, op. cit. infra, vol. ii, p. 7. 

6 Ibid, vol. i, p. 245, n. Professor Shotwell's contribution to this work, in which 
nothing is signed, is not identifiable. 

7 Ibid., vol. i, p. 271. 



' 
THE PEACE CONFERENCE 157 

ful valuation of Conference literature is constantly hampered by 
the difficulty of appreciating perspective. He must know why it is 
not necessary to "crap the treaty" because the reparation section 
is not, and was never meant to be, feasible; why Great Britain 
and the United States gave way to France over the admission of 
Germany to the League and the exclusion of German Austria from 
a Teutonic confederation ; why President Wilson did one thing at 
Fiume and another at Shantung; why he insisted on the Covenant 
preceding and being incorporated in the treaties; why "open coven- 
ants openly arrived at" were after all born in his private apart- 
ment and so on. Two composite works which attempt to give 
this wider view far outweigh the contributions hitherto mentioned. 
Each of these symposia has an unusual history. What Really 
Happened at Paris 1 is an all-American production. Under the 
direction of Colonel House, the Public Ledger has conducted in 
Philadelphia during the past winter a "forum on the peace con- 
ference." Before it a dozen of the leading figures of the House 
Commission delivered papers which were published verbatim at the 
time and are now appearing in book form. Varying in quality 
and breadth of vision, these addresses all contain much author- 
itative information. The best of them are concerned neither 
with making sensational revelations nor with developing the thesis 
that this or that personality or delegation monopolized wisdojn. 
Occasionally, perhaps inevitably, the writer catches the atmos- 
phere of his original audience and panders for a moment to the 
slight self-consciousness naturally characteristic of our North 
American communities that have had so little experience in inter- 
national affairs, or to the general tendency on this side of the At- 
lantic to associate great matters with personal considerations. 
Thus Mr. Gompers can hardly be taken too seriously when he not 
only claims that "American labor wrote into the labor section the 
heart and" soul of that section," but goes on to say that "what others 
were able to do was to soil in some measure the garb, the expression." 2 
He ignores the known fact that the Commission for Labour 
Legislation was only saved from the dilemma of preparing im- 
possible projects, in a Treaty which was supposed to be final, 
by the scheme for reconciling the functions of national legislative 
bodies and the International Labour Conference that was worked 

1 E. M. House and C. Seymour (eds.), What Really Happened at Paris (New York, 
1921). 

2 S. Gompers, in What Really Happened at Paris, p. 327. 



158 THE CANADIAN HISTORICAL REVIEW 

out by the British Delegation and became the framework upon 
which the whole of Part XIII was constructed. 1 The best of 
these papers make no such errors. Mr. David Hunter Miller, 
the President's legal adviser in the drafting of the Covenant, has 
a chapter on the making of the League of Nations distinguished 
by great breadth of view and sympathy with the arguments and 
services of other peoples. Mr. Lamont and Dr. Young reiterate 
without rancour the American attitude on finance and economics. 
Dr. Bowman and Dr. Douglas Johnson, respectively Chief Terri- 
torial Adviser and Chief of Division on Boundaries on Mr. Wilson's 
delegation, whose influence with him on su\:h questions as Fiume 
is known to have been very great, command attention, if not 
always agreement, as they expound the American Commission's 
geographical arguments. Professor Haskins, the colleague of M. 
Tardieu and Mr. Headlam-Mojley on Western European affairs, 
and Professor Lord, who fought for a great Poland against British 
insistence on the internationalization of Danzig and the plebiscite 
in Upper Silesia, both elaborate the arguments that appear in 
their earlier lectures. It would be premature to pass judgment 
on the arguments advanced until they can be collated with those of 
delegates from other countries. But the book, at a first reading, 
is plainly serieux, and conceived for the most part in a judicial 
temper, with the determination that the American public shall 
know the whole truth as their representatives saw it. 

Finally, and first in importance, there is the History of the 
Peace Conference edited by Mr. H. W. V. Temperley, 2 of which 
three large volumes have been available, but all too little studied, 
for some months past. These volumes cover exhaustively the 
situation when the Conference met (Vol. I), and the German 
Treaty (Vol. II), with a collection of documents (Vol. Ill) which 
include the treaty, the new German constitution, a complete 
chronology of the Conference, and several speeches by Mr. 
Wilson, Mr. Lloyd George, M. Clemenceau, and General Smuts. 
Two more volumes are expected during the present year on the 
subsidiary treaties of St. Germain, Net' illy, Versailles (with 
Hungary), and Sevres. This work is of great historical interest 
as a monument to the close co-operation of many members of the 
British and American delegations at Paris in the days when an 

1 Temperley, op. cit. infra, vol. ii, p. 36. 

J H. W. V. Temperley (ed.), A History of the Peace Conference of Paris, vols. I-III 
(London, 1920). 



THE PEACE CONFERENCE 159 

Anglo-Saxon bloc really dominated world politics. The linking 
of the two groups of experts owed its origin to an informal sug- 
gestion, almost a chance remark, made by President Wilson to a 
vigorous Anglophile of the American delegation. Out of this 
beginning came the Institute of International Affairs and the plan- 
ning of the present work by Lord Eustace Percy and Mr. G. L. 
Beer. Though Mr. Beer was able to complete a short chapter on 
mandates, which bears all the authority that attached to the 
chairman-designate of the Mandatory Commission and one of 
the most widely respected delegates of any nation, and though 
several other members of the House Commission contributed in 
one way or another, British experts are in the main responsible 
for the writing, and Professor Haskins pays them no small com- 
pliment in describing them as "candid and fair-minded to a degree 
which it is difficult to achieve." 1 These volumes will never be 
popular, for they make few piquant disclosures, and put forward 
both parts off every question dispassionately, even when one part 
is mere German sophistry. But here alone, among the books so 
far available to the student, achievements are placed first, failures 
second, and personalities last. Here alone is a really satisfactory 
attempt made to tell the whole story of the greatest effort of 
compression ever attempted the reconstruction of the world 
in six months. The American stand for a fixed reparation sum 
receives insufficient emphasis, but this shortcoming has been 
rectified by the lecturers at Philadelphia. The absence of ad- 
equate reference to the part played by the British self-governing 
Dominions is a more serious omission. Apparently the book 
neither quotes nor comments upon the higjily important and con- 
troVersial point raised by Sir Robert Borden about Dominion 
status which drew from the "Big Three" a signed letter conceding 
the position taken up by the leading Canadian representative. 2 
Mr. D. H. Miller comments thus upon the incident: 

The British Dominions were concerned about their status as 
members of the league. It seemed to them that the use of the word 
"states" in certain places in the text limited their rights, particularly 

1 In the Literary Review, loc. cit. Those parts of the settlement which are regarded 
in the United States as more especially advantageous to Great Britain e.g., Constanti- 
nople, Mesopotamia, Danzig are discussed in the later volumes. It will be interesting 
to note whether the contributors maintain with the American delegation their reputation 
for impartiality. 

2 This important document is printed at the end of the Canadian sessional paper on 
the League of Nations, No. 41 h, 1919. 



160 THE CANADIAN HISTORICAL REVIEW 

in the matter of eligibility as members of the council ; a,nd this view 
was correct, for the language had been very carefully chosen in 
that regard; so the dominions urged that the wording be changed. 
The question was a difficult one; that the dominions and India 
should be separately represented had been early conceded; * 
any other decision would have been impossible; .... to 
ignore the importance of Canada as compared with Haiti would be 
absurd; but while the international status of the British dominions 
has greatly changed and is still changing, that status could not yet 
be asserted by any lawyer to be technically that of independent 
states with a common sovereign. 

President Wilson yielded to the wishes of the dominions against 
the views of some of his advisers.' 

The position of Canada at the Conference was particularly 
interesting. The great powers were frequently known, even semi- 
officially, as "Powers with General Interests." 3 To this grouping 
Canada, almost alone among the self-governing Dominions and 
the minor independent powers, really belonged. This position 
gave Sir Ro"bert Borden and his colleagues special opportunities 
of which we know little in detail, but of which judicious u'ge seems 
to have been made. All the Dominion delegations had cons^der- 
able prestige at Paris. Sir Maurice Hankey "asserts with con- 
fidence" that no important decision wais taken by the Conference 
in which they were not consulted. Sir Robert Bofden formulated 
the most powerful of the arguments against Article X. 4 On the 
League of Nations commission General Smuts spoke little, but 
exerted much influence. Both he and Mr. Hughes were prom- 
inent in the war costs controversy. Sir Robert Borden was vice- 
president of the important commission on Greek and Albanian 
affairs, Mr. Sifton of the commission on international communi- 
cations, and Mr. Dojierty president of the sub-committee on pre- 
war contracts. South African representations about German 
South-West Africa considerably modified the wording of clause 22, 5 
and the attempt of the Japanese to obtain an amendment for 

1 It was agreed upon between President Wilson and Lord Robert Cecil before the 
first meeting of the League of Nations Commission (Miller, What Really Happened at 
Paris, p. 403). 

2 Ibid., p. 422. 

8 Preston Slosson, The Peace Conference (Political Science Quarterly, vol. XXXV, 
p. 366). 

4 Miller, he. cit. p. 411. 

6 Temperley, op. cit., vol. II, p. 233. 



THE PEACE CONFERENCE 161 

racial equality failed primarily, it seems, "because Australia had 
more influence with London than had Tokio." 1 There is more 
than enough material here for an important section in a general 
history of this nature. Dominion influence was a new phenom- 
enon in diplomacy, and the failure sufficiently to emphasize its 
effect is the one noticeable omission in this most comprehensive 
scheme. 

The impression made by the contribution of expert delegates 
to the literature of the Conference is well summed up in Dr. 
Young's fine-spirited lecture on the economic provisions: 

The Peace conference has been over-dramatized. Interpre- 
tation of it in terms of tactics and strategy and dramatic incidents is 
superficial. Mere cleverness had very little to do with it, one way 
or the other. Judgment, courage and understanding were the 
qualities that counted for most. 2 

Over-emphasis of the mistakes about reparation is largely res- 
ponsible for the lack of restraint against which this protest is made. 
It was proper that the Central Powers should be made to feel 
that they are commanded to pay but a fraction of what they 
owe to humanity. 3 The great failure was that "judgment and 
courage and* understanding" deserted the Council of Four' when 
it came to telling the European peoples the simple truth about 
how much Germany could pay. The Americans throughout 
took the ground very strongly that the sum total to be collected 
should be stated from the first and estimated without interest 
charges. 4 Their economic arguments are now generally recognized 
by British authorities as sound, in spite of the serious objection to 
eliminating interest considerations in dealing with a people which 
has hact no very conspicuous change of heart and is liable to take 
full advantage of any opportunity of eluding an honourable 
engagement. 5 It is clearly dangerous to try to extract from a 
conquered country huge sums, which, in the last analysis, can 
only be paid by the establishment of a great export trade. Where- 

1 Miller, loc. cit., p. 415. 

2 A. A. Young, in What Really Happened at Paris, p. 296. 

3 Cf. the German treaty, articles 231, 232 (first paragraph), and Annex III, i. 

4 But Dr. Young agrees that in the political temper of the hour "the fixing of a 
maximum sum that would have been anywhere within the bounds of reason was definitely 
impossible" (loc. cit., p. 301). 

6 "The attitude of Brockdorff-Rantzau damaged the legend that Germany was a 
regenerated and repentant democracy" (Temperley, op. cit., vol. ii, p. 2). 



162 THE CANADIAN HISTORICAL REVIEW 

ever these exports go, they must necessarily be sold somewhat 
under the established market. It is not to be believed that 
Germany, if she could succeed in carrying out the engagements 
of the treaty, would not seriously embarrass the trade of other 
countries and ultimately establish so powerful a hold on world 
trade as to be immensely formidable again when the debt had been 
paid. A Spartan regime of economy and stern devotion to building 
up, at all hazards, a great surplus of export trade would be a power- 
ful engine for re-developing a Chauvinistic nationalism. On 
the other hand, the point at which payment of an indemnity 
becomes dangerous to the recipients is not established. The 
French indemnity of '71 was of the greatest possible advantage to 
Prussia in laying the foundations of great industries. The money 
panic that occurred in Germany shortly after the payment is not 
a sound argument to the contrary, for it did not affect the natiqnal 
wealth, but merely necessitated a re-distribution of that wealth 
and a revaluation of commodities among the Germans them- 
selves. 1 American critics are less disposed than Mr. Keynes to 
minimize the amount that the Germans can pay, and at the present 
time their government is disinclined to give Germany any support. 
This is in full accord with Mr. Wilson's general attitude at the 
Conference. He was never concerned with "letting the Germans 
off," and his constant references to "justice" as a criterion of 
settlement suggest the "theological, not intellectual" tempera- 
ment with which Mr. Keynes makes such effective play. 2 The 
President was in fact particularly sensitive about the epithet 
"pro-German" ; 3 but not more so than scores of bankers and other 
men of business who chose to remain silent rather than incur the 
suspicion of considering the interests of the enemy. 4 In this way 
the whole financial settlement was vitiated by the intrusion of 
popular politics. It is needless any longer to belabour the khaki 
election with the club of Mr. Keynes. It is widely recognized 
as one of the outstanding blunders of the peace-making, like Mr. 
Wilson's Italian letter, the inability to foresee the result of the 
break-up of the Hapsburg monarchy, and the failure to realize 

1 Temperley, op. cit., vol. ii, cap. i, section in, passim. 

2 Keynes, op. cit., p. 42. 
8 Ibid., p. 46. 

4 Temperley, op. cit., vol. ii, p. 57. Dr. Bowman shows the same forces at work in 
the territorial discussions: "At every turn one must give documentary evidence of 
hating the Germans, or one might be thought pro-German" (What Really Happened 
at Paris, p. 164). 



163 

that unless France were made absolutely secure she might be 
forced to retread the paths of nineteenth century Chauvinism. 
The muddying of the waters brought the scum to the surface in 
the pension claims, plainly irreconcilable with the Allied note of 
November 5, 1918. It is not clear why France accepted their 
inclusion without protest, for they largely increased the British 
share of the indemnity at her expense ; nor is it at all understand- 
able why the claim was sponsored by General Smuts, whom none 
can accuse of vindictiveness towards Germany. 1 Both Mr. 
Dulles 2 and Mr. Lament 3 show that the American experts were 
unanimous against the claim. Yet it was Mr. Wilson who saved 
the situation for the governments who would not tell the truth 
to their peoples about German capacity to pay: "Logic! Logic! 
I don't give a damn for logic! I am going to include pensions." 4 
It is difficult to avoid the conclusion that the President, who 
usually paid the greatest attention to the opinions of his experts 
(the weight of evidence is all against Mr. Lansing and Mr. Keynes 
on this point), had made up his mind to help Mr. Lloyd George 
out with his election promises. Mr. Temper-ley's contributor is 
in substantial agreement with all the other critics of this conspiracy 
of silence : 

By their refusal to face facts at the beginning, and to make the 

public understand that, however desirable this might be, it was 

impossible to throw more than a very small proportion of the costs 

of the war onto Germany's shoulders, the Allied statesmen had 

very greatly increased the difficulty of their tasks at the Conference. 

For from the beginning it was impossible for them to fulfil the 

pledge to which in popular expectation they were bound. 5 

This is not enough, however, to "scrap the treaty." The worst 

of Mr. Keynes's prophecies have not been fulfilled, except in 

Russia, which could not possibly be touched, and in Austria, where 

a grave mistake was undoubtedly made in dissociating the German 

treaty from the Central European solution as a whole, in order to 

hurry the main peace to a finish and meet labour demands for 

demobilization. Mr. Keynes made much of the parting of Upper 

Silesia from Germany, which has not occurred, thanks largely to 

1 Temperley, op. cit., vol. ii, p. 14. 

2 The Times, Feb. 15, 1920. 

8 What Really Happened at Paris, p. 272. 

4 Ibid. 

5 Temperley, op. cit., vol. ii, p. 58. 



164 THE CANADIAN HISTORICAL REVIEW 

the insistence of his own country, of which he so often seems to 
find it necessary to impartiality to think the worst. The ills of 
which Austria is the victim cannot properly be laid at the door of 
the Allies. 1 Certainly they are no more the result of the absence 
of any economic devices that might have been discovered in 1919 
than of the desperate clinging of the treaty-makers, appalled by 
the complexity of the problems, to the principle of nationality 
as giving at least some form of logical basis to their endeavours. 2 
Mr. Keynes took for granted that the Reparation Commission 
would carry their powers of interference in German affairs to a 
point of which neither they nor the treaty-makers ever dreamed. 3 
His analysis of the total claim against Germany under Article 232 
was a most remarkable feat of computation. 4 But his better 
remembered picture of Mr. Wilson as the victim of intriguing 
Imperialists, revarnished though it is in some measure by Mr. 
Lansing, is very sharply rejected by Colonel House's experts. Dr. 
Young writes: 

I must record here my emphatic dissent from the notion that 
the economic clauses were made harsh and intolerable through 
unnecessary concessions yielded by President Wilson because he 
was misled and outmanoeuvred by his colleagues in the council of 
four .... those who were associated with the President 
at Paris will tell you how supremely quick and alert he was in 
discussion or conference, and how easily and accurately he pene- 
trated to the heart of the most complicated proposal. 5 
Another tells how he and some of his British colleagues kept score 
of points in a debating match between the President and Mr. 
Lloyd George, and of how the British conceded that the American 
scored them all. 6 Mr. Lansing charges his chief with not listening 
to his colleagues and being "by nature and inclination secretive". 7 

1 "Nothing has happened that has lifted that reponsibility from the place where 
from the beginning it has rested. It is a hard thing to be patient with men who point 
to the economic dissolution war has wrought and say, 'There are the fruits of your 
peace' " (Young, loc. cit., p. 317). 

2 Newbigin, op. cit., p. 88. 

3 Temperley, op. cit., vol. ii, p. 89. 

4 Keynes, op. cit., p. 161 n. His "low figure" was $32,000,000,000. The actual 
bill presented by the Reparation Commission on April 27, 1921, was roughly $31, 
770,000,000. 

6 Young, loc. cit., p. 296. 

8 Dr. I. Bowman, ibid, p. 165. 

7 Lansing, op. cit., pp. 125, 215. 



THE PEACE CONFERENCE 165 

Mr. Keynes makes almost identically the same charge. 1 Mr. 
Lament flatly contradicts them both : 

He is accused of having been unwilling to consult his colleagues. 
I never saw a man more ready and anxious to consult than he. 
He is accused of having been desirous to gain credit for himself 
and to ignore others. I never saw a man more considerate of those 
of his coadjutors who were working immediately with him, nor a 
man more ready to give them credit with other chiefs of state. 2 
That Mr. Wilson lacked detailed information of the Adriatic 
problem is stoutly denied by one of the geographers in whom 
he placed such reliance. 3 At the same time Mr. Lansing was not 
the only commissioner who found it difficult to "get at" the Presi- 
dent, and this was the more unfortunate in that he had no care- 
fully prepared programme like the French he had, indeed, no 
programme at all beyond the Fourteen Points 4 and no well- 
organized secretariat like the British. 

But the failure to delegate more of his work was not due to any 
inherent distrust that he had of men .... but simply to 
his lack of facility in knowing how to delegate work on a large scale. 
In execution we all have a blind spot in some part of our eye. 
President Wilson's was in his inability to use men; an inability, 
mind you, not a refusal. On the contrary when any of us volun- 
teered or insisted upon taking responsibility off his shoulders be 
was delighted. 5 

This does not seem to have been Mr. Lansing's experience. But 
notoe of the "Big Three" relied on state officials as such, and all 
of them had been "accustomed to work in a lopse informal organ- 
ization, on which their own wills could be clearly stamped." 1 

The efficiency of the British delegation seems to have disposed 
for good of the tradition of "muddling through." Mr. Lloyd 
George, if we are to believe Mr. Lansing's rather disparaging 
judgment, was not the man to carry everything on his own 
shoulders like his two colleagues. Without the constant aid of 
his advisers, we are told, he would have been "decidedly out- 

1 Keynes, op. cit., pp. 44, 45. 

2 T. W. Lament in What Really Happened at Paris, p. 273. 

* Dr. Douglas Johnson in the Philadelphia Public Ledger, Jan. 8, 1921. 
4 Lansing, op. cit., pp. 191, 201, where he claims that, as late as March 19, Mr. 
Wilson had not made up his mind whether the treaty should be preliminary or final. 
6 Lamont, loc. cit., p. 273. 
8 Temperley, op. cit., vol. i, p. 266. 



166 THE CANADIAN HISTORICAL REVIEW 

classed," 1 not only by M. Clemenceau (who quarrelled with his 
President and Marshal Foch, and sometimes deserted his sub- 
ordinates mercilessly a/id publicly), but apparently by Mr. 
Wilson. This estimate spoils Mr. Keynes's picture. Whether 
it be true or not, the American experts leave no doubt as to the 
support at Mr. Lloyd George's disposal: 

The British knew just what they wanted and how to get it. 

In training and experience they were second to no other delegation, 

and worked with a sureness of touch that aroused the deepest 

adtni ration. 2 

In Sir Maurice Hankey, Great Britain gave the Conference an 
organizing genius. His name suggests the greatly disputed ques- 
tion of diplomacy by conference and the argument for the Council 
of Four against Mr. Lansing's insistence that everything should 
be brought before the Plenary Conference. 3 There is no unanim- 
ity among the experts upon the proper definition of open diplomacy. 
Secret treaties the results of which are never published caused 
endless difficulty, 4 and seem definitely to have gone out of favour, 
thougn. some who are filled with indignation against them seem to 
forget that treaties made under war conditions are really war 
engagements which cannot possibly be published at the time with- 
out serving the interests of the enemy; and also to overlook the 
fact that most of them were drawn when the issue was uncertain 
owing to the continued neutrality of the United States, when the 
war might have been lost before the United States could have 
mobilized, if countries like Italy and Greece could not have been 
induced to join the European Allies. But condemning secret 
unpublished treaties is one thing, and "openly arriving at" new 
treaties quite another. Mr. Lansing says that the Italians 
"realized their failure at Fiume to have been due to secret dip- 
lomacy". 5 Yet the subsequent resort to "open diplomacy, in the 
one instance when it was tried, almost resulted in a broken Con- 
ference," 6 which would not have been diplomacy at all. The 
Council of Four developed out of a situation which arose after 

1 The Times, March 24, 1921. 

2 Bowman, loc. cit., p. 163. 

1 Lansing, op. cit., chapter xvii, passim. 

4 W. N. Westermann deals mercilessly with their complication of the Balkan 
tangle (What Really Happened at Paris, Chapter viii). 
B Lansing, op. cit., pp. 233, 234. 
Slosson, loc. cit., p. 364. 



THE PEACE CONFERENCE 167 

the return of Mr. Wilson and Mr. Lloyd George to the Council 
of Ten in March : 

The Expert Commissions only too often could not agree, and 
presented two or more reports. The parties concerned had to be 
heard again and again .... Really intimate discussion 
became more and more difficult. Above all, a most irritating 
leakage commenced. The views expressed by members were 
repeated outside and published oiten in a perverted and exaggerated 
form. The members of the Council of Ten were pestered by inter- 
ested parties to know if this or that "on dit" were true. In all this 
cackle and intrigue serious business was almost impossible. The 
transfer of the whole conference to some quieter spot was seriously 
considered. 1 

The less drastic solution of developing the British government's 
war expedient of an inner cabinet was reached by gradual stages. 
At first even Sir Maurice Hankey was not admitted , and perhaps 
Mr. Wilson at least originally intended a withdrawal from the 
Council of Ten for a few days only. If so, circumstances were 
too strong for him. Long before this date he had expressed a 
desire for informality "as he wanted to be able to change his 
views without having somebody quote to him what he had said 
before a rather curious statement to be made by a man who has 
been supposed never to change his mind at all." 2 It was, of course, 
no less true of Mr. Wilson than of the other three that "when 
statesmen change their minds, as when actors change their cos- 
tumes, they do it behind the scenes and not before the footlights." 3 
Mr. Lansing believes that the Council of Four owed its origin 
primarily to the British Minister's "greatest perturbation over 
publicity." 4 Mr. Keynes's well-known opinion is that the other 
three found in it a chance to complete the isolation which the 
President's own temperament had initiated. Mr. Veblen has 
labelled the whole business as the "vulpine secrecy "of old dip- 
lomacy, frightened of Soviet Russia. The weight of opinion 
rejects these explanations as examples of "over-dramatization." 
The organizers of the Conference had produced their bona-fides 
by wasting valuable time in January in settling the details of the 
numerical representation of smaller powers in the Plenary Con- 

i 

1 Hankey, loc. cit. 

2 Miller, loc. cit., p. 409. 

3 Slosson, loc. cit., p. 363. 

4 Lansing, in The Times, March 24, 1921. 



168 THE CANADIAN HISTORICAL REVIEW 

ference. Now, in March, when more time had been lost, neces- 
sarily or unnecessarily, by the President's insistence on priority 
for the Covenant, it became inevitable that the executive should 
usurp the functions of the legislature : 

It is not without symbolic significance that so many meetings 
of the Conference were held in the "Hall of the Clock" at the French 
Foreign Office. Time was despot, and the Supreme Council but 
obeyed its mandate in shutting off free and full discussion and in 
leaving to the future decisions of the League of Nations and to the 
Reparations Commission so many questions that properly came 
within the purview of the Peace Conference. 1 

The treaty had to be drawn "for the world of 1919 by men of 
1919, on the assumption that what was needed was an early peace 
as well as a just settlement". 2 Compromise was essential at every 
turn it is amazing that educated critics sometimes ignore this 
elementary fact of international relationships 3 and compromise 
in public debate is difficult and liable to constant misinterpretation 
by those who are not familiar with the background that has made 
it essential in the particular case. The compromises were not all 
bad, nor were by any means all of them American surrenders to 
European diplomacy. M. Clemenceau could not have abandoned 
the Rhenish Republic, Mr. Lloyd George could not have stood out 
for the Upper Silesian plebiscite, in a pitched battle fought before 
the world. Conversely, it was Mr. Wilson's change from private 
argument to popular appeal over Fiume that finally clinched the 
opposition of the Italian statesmen, who dared not give way 
publicly and see themselves outbid by D'Annunzio. 4 

The censorship, of course, had very bad effects, and towards 
the end not only the representatives of Small Powers smarted at 
being ignored. "The failure of the principal statesmen to make 
adequate use of the body of expert knowledge assembled at Paris 
is one of the main causes why parts of the settlement are not only 
unjust but unworkable." 5 Inconsistency in the use of experts 
seems one of the surest grounds for the charge that "foresight and 

1 Slosson, loc. cit., p. 371. 

3 Haskins and Lord, op. cit., p. 32. 

* Dr. Young's admirable statement of the necessity of give and take at Paris 
disarms a large proportion of the hostile criticism that has been directed against the 
negotiations (loc. cit., chapter xii). 

4 Slosson, loc. cit., p. 363. 

6 Temperley, op. cit., vol. i, p. 276. 



THE PEACE CONFERENCE 169 

organizing ability were not the strong points of the Conference." 1 
On the one hand, we have the "Wilson Line" at Fiume drawn by 
the American geographers and accepted immediately and without 
question by Mr. Wilson as the basis of his argument; the great 
authority exercised throughout by the Commission on Labour; 
and the development of some of the territorial commissions, at 
first mere sifters of evidence, into practical treaty-makers. On 
the other, we know that experts were never permitted to take part 
in the discussions of the Four, and only at the end in those of the 
Five the "Second Eleven" of foreign ministers; and that in at 
least one chapter important changes were made without any 
consultation of the commission concerned. 2 It is difficult to 
meet Mr. Lansing's accusation that the failure to submit the 
final text to the small belligerent nations before it was seen by 
their defeated adversary "outraged the equal rights of independent 
and sovereign states." 3 M. Clemenceau's frank avowal that 
"the Great Powers, whose authority was supported by 12,000,000 
soldiers, must cojntrol the Conference," 4 even Mr. Wilson's 
"broad principle that responsibility for protecting and maintaining 
a settlement under c>ne of the Peace Treaties carried with it the 
right to. determine what that settlement should be," 5 both testify 
that Realpolitik has not died with the birth of a League. So 
much, however, has been said on the side of the extreme advocates 
of open diplomacy, and criticism of the Council's methoMs has 
been so recently revived by Mr. Lansing, that Sir Maurice Han- 
key's considered opinion is worth quoting : 

The representatives of nations at these Conferences are res- 
ponsible to their respective peoples, and unless these peoples are 
properly instructed by the fullest publicity, they will not form a 
true judgment of the issues. Premature publicity may, however, 
be fatal. Even in peace, the settlement of delicate international 
problems may sometimes be ruined or jeopardised by ill-timed 
publicity, as instanced by the failure of the Council of Ten in Paris 
. . . . My personal experience for what it is worth, is that the 
most important elements of success in diplomacy by conference are 
elasticity of procedure, small numbers, informality, personal 

1 Raskins and Lord, op. cit., p. 28. 

2 Ibid., pp. 29, 30. 

3 Lansing, op. cit., p. 240. 

4 Temperley, op. cit., vol. i, p. 249. 
6 Lansing, op. cit., p. 166. 



170 THE CANADIAN HISTORICAL REVIEW 

friendship among the principals, a proper perspective between 
secrecy in deliberation and publicity in results, reliable secretaries 
and interpreters .... Modern developments in international 
communications; the increased dependence of nations upon each 
other's products; the extension of colonies; and the increasing 
interest of labour organizations in foreign policy, all tend to produce 
international problems of the greatest difficulty. Their solution 
frequently requires resources beyond those of the most competent 
and qualified diplomatist. Such questions can only be settled in 
Conference by persons who have their hand on the pulse of the 
political conditions and currents of thought in their respective 
countries, who have at immediate disposal all the technical know- 
ledge which Governments possess; who know how far they can per- 
suade their fellow-countrymen to go in the direction of compromise ; 
and who, in so much as they have to defend their policy before their 
respective parliaments, are alone in a position to make real con- 
cessions. 1 

There is one serious drawback to our new diplomacy by con- 
ference. Heralded by the Press, it is held in an atmosphere of 
public excitement and expectation, has all the attributes of a great 
political crisis, and is intimately concerned with internal politics. 2 
It were idle to lay all the blame of the Paris mistakes on the heads of 
three or four political leaders or a thousand delegates. There are 
signs that some detractors of the "Carthaginian peace" are be- 
ginning to think that wider public influence on the Council of 
Four "open diplomacy," if you will would have produced a 
more moderate settlement. Such critics have short memories. 
The peoples as a whole made one noble, if inarticulate, contri- 
bution to the Conference when they stamped upon the minds of 
the statesmen the plain man's passionate hatred of war. 3 But 
in the search for the solution, the voices that reached the Confer- 
ence from the general public were, almost without exception, 
uninspired by any note of enlightened criticism or suggestion. 
At its worst, the pdpular influence wrought more evil at the Con- 
ference than any other force. Thu^s the French economic pro- 
posals, says Dr. Young, were essentially political : 

Their ultimate effect upon the economic situation of Germany 
counted for less than their immeditate reception by the French 

1 Han key, loc. cit. 

1 Round Table, March, 1921, p. 284. 

J Temperley, op. cit., vol. ii, p. 21. 



THE PEACE CONFERENCE 171 

press, the Chamber of Deputies, and the French voters . . . 
When the issue was pressed, the sound and fury of them seemed to 
be cherished even more than their effective content. The French 
government at that time was riding on the surface of a perilous 
sea ot popular feeling. The ship had to be steered according to tjie 
waves and the wind, regardless sometimes of the true direction of 
the port. 1 

The British election, the telegrams from members of Parliament 
to Mr. Lloyd George in Paris, the temper of the French, Italian, 
and large sections of the English press, show quite clearly that if 
the people of 1919 had had their way, the treaty would not have 
been more moderate, but far less moderate. "The American 
delegates," says one of them, 2 "had the advantage of freedom from 
popular clamour at home, while the pressure upon Lloyd George 
and Clemenceau in Parliament and the Chamber was steadily 
exerted in favour of more extreme measures. There is much 
truth in the view that the defects of the treaty came from too much 
democracy, in this sense, rather than from too little." 

R. HODDER WILLIAMS 

1 Young, loc. cit., p. 300. 

2 Haskins, loc. cit. 



NOTES AND DOCUMENTS 

THE BRANDY PARLIAMENT OF 1678 

The controversy over prohibition in North America is not a 
new one. Its beginnings reach back two hundred and fifty years. 
In the days when Louis de Buade was trying to govern a few 
thousand Frenchmen on the shores of the St. Lawrence, and a 
few hundred more in the heart of the great wilderness, the traffic 
in intoxicants had already become a bone of bitter contention in 
New France. First and last in the history of the colony it was a 
prolific source of bickering and strife. 

The story of the brandy trade in New France is a long one, and 
not altogether edifying; there is no need to repeat any portion of 
it here. Those who wanted the trade stopped were relentless in 
their pressure upon the king for such action, while equal or even 
greater pressure was put upon him by those who desired to have 
the trade continue. The royal government in France yielded, 
now a little to one side and again to the other, but could not be 
induced to go the whole way in either direction. In the course of 
these gyrations, however, Louis XIV was on one occasion per- 
suaded by Colbert to adopt the expedient of referring the question 
to the judgment of representative men among the colonists, and 
accordingly there was convened at Quebec in the autumn of 1678 
a body which for want of any other designation may be nicknamed 
the "Brandy Parliament." 

By instructions 1 dated May 24, 1678, the king directed that the 
governor, intendant, and Sovereign Council should "cdnvoke an 
assembly of the twenty leading inhabitants of the said country 
from among those who engage in commerce," and should lay the 
whole question before them. The opinions of each were to be 
written down and forwarded to France. 

In compliance with these instructions the Sovereign Council 

1 The wording of the instructions is: "fissent une assemblee des vingt principaux 
habitans du dit pais du nombre de ceux qui s'appliquent au commerce pour examiner 
cette matiere, en dresser un proces verbal et donner leurs avis, afin que Sa Mate, les 
ayant veus et considerez, elle puisse prendre la resolution qu'elle estimera plus conven- 
able et plus avantagueuse au bien de cette colonie" (Correspondence Generale, 1673- 
1678, series C, vol. 14, p. 308). 

172 



THE BRANDY PARLIAMENT OF 1678 173 

named Charles-Joseph d'Aillebout des Musseaux, Sidrac Dugue, 
Jacques Le Ber, Francois Berthelot, Jean-Baptiste Le Gardeur de 
Repentigny, Pierre Boucher de Boucherville, Pierre de Sorel, 
Alexandre Berthier, Pierre de St. Ours, Francois Jarret de Ver- 
cheres, Jean Crevier de St. Frangois, Etienne Pezard de La Touche- 
Champlain, Pierre Boulanger de St. Pierre, Nicholas Duplessis- 
Gatineau, Chorel de St. Romain, Rene Robineau de Becancour et 
de Portneuf, Claude Charron, Delestre de Vallon, Charles Roger 
des Columbiers, and Louis Jolliet as the "twenty leading inhab- 
itants." 1 The assembly was convoked to meet at the Chateau 
de St. Louis, in Quebec, on October 10, 1678. On the morning 
of this date, however, it was found that three of those appointed, 
namely, the Sieurs D'Aillebout des Musseaux, Boucher de Bouch- 
erville, and Boulanger de St. Pierre had not arrived. An adjourn- 
ment was, therefore, taken until two o'clock in the afternoon, 
and in the interval the Council, at a special meeting, named 
Rene Cavelier de La Salle, Jean Bourdon de Dombourg, and 
Michel Pelletier de La Prade to serve in place of the absentees. 2 

Subject to the limitation imposed by the king that the members 
should be chosen from among those "who engage in commerce," 
this was a fairly representative gathering. 3 It was not, however, 
representative of the colonial population as a whole, for it con- 
tained no members of the official class on the one hand, and no 
members of the clergy on the other, although both these elements 
were highly influential in the public opinion of the colony at the 
time. The majority of the members were seigneurs, but it is 
interesting to note that Charron, Vallon, and DesColumbiers, the 
three echevins of Quebec, were among those appointed. 

Such as it was, this body marks the nearest approach that New 
France ever made to a representative assembly. On no other 

1 Jugemens et deliberations du conseil souverain, vol. II, pp. 247-248. The various 
names are badly mis-spelled in the Council's records. 

2 Ibid., vol. II, pp. 253-254. It appears, however, that there were four absentees 
in all, the fourth being Francois Berthelot, seigneur of the Island of Orleans. On the 
other hand, Pierre Picote de Belestre was present and took part in the proceedings of 
the assembly although there seems to be no record of his appointment by the Sovereign 
Council. 

3 There appears to be no warrant for the statement in the Abbe Latour's Vie de 
Laval (p. 58) that Governor Frontenac handpicked the members of this little assembly, 
convoked them in his own house, and had them sign whatever he wished. The gather- 
ing contained some members whom Frontenac would assuredly not have appointed had 
he possessed entire discretion, and five of them expressed opinions quite at variance 
with those known to be held by the governor. 



174 THE CANADIAN HISTORICAL REVIEW 

occasion, either before or after 1678, did the French govern- 
ment authorize the submission of any question of public policy 
to an assembly of colonists. Such matters were in most instances 
settled at Versailles without any preliminary attempt to discover 
the mind of the c'olony; in some cases they were left to the dis- 
cretion of the Sovereign Council or the royal officials. For this 
reason the Brandy Parliament of 1768 has an historical significance 
quite apart from the question with which its members were 
immediately concerned. 1 

The members having assembled at two o'clock in the afternoon 
of October 10, 1678, the royal instructions were read. A mem- 
orandum, prepared in France by order of the king, setting forth 
in general terms the scope and difficulties of the question at 
issue, was also placed in the hands of each member. 2 No debate 
took place, and no votes were taken,, Each member was asked 
to state his opinion, and a summary of each opinion was there- 
upon written down. The whole record, or proces verbal, was then 
attested by the greffier of the Sovereign Council and forwarded 
to the king. 

Alexandre Berthier and Pierre de Sorel, two well-known 
seigneurs, were the first to be called upon. Both stated their 
opinion that it was necessary to sell brandy to the Indians for 
the reason that if the French did not do so, the Iroquois would 
procure it from New Holland, and use it in trade with those Indians 
who were within the French sphere of influence, particularly 
around Cataraqui where they had brought forty barrels of it 
during the preceding siijmmer, the French having refused to give 
these Indians any brandy "on account of the scruples which the 
Bishop had put into their minds". If the Indians were bound to 
obtain brandy anyway, these two seigneurs argued, the French 
ought to supply it, for the Indians would then obtain "brandy of 
a better grade", and the French wctoild get their furs in the bargain. 
Berthier and Sorel went on to point out, moreover, that Indians 

1 Parkman, in his discussion of the brandy trade, devotes only eight lines to this 
gathering. He gives the date wrongly as October 26, 1676 (Old Regime in Canada, 
vol. II, p. 127). 

J This memorandum, which is entitled, Memoirefait par ordre du Roy sur la difflculte 
de la traitte des boissons aux Sauvages dans le Canada ou Nouvelle France, is dated May 24, 
1678. A copy may be found in Correspondance Cenerale, 1673-1678, series C, I, vol. 
14, p. 308. It merely sets forth, in a general way, the principal arguments which had 
been advanced for stopping the trade on the one hand, and for permitting it to continue 
on the other. 



THE BRANDY PARLIAMENT OF 1678 175 

could drink brandy and nevertheless remain "very good 
Christians", as was demonstrated by the fact that the savages 
who had settled at La Prairie de la Magdelaine, Montreal, and 
Lorette did not ordinarily get drunk, "although they can drink 
whenever they have a mind to". As for offences due to drunk- 
enness among the Indians, Berthier and Sorel declared that they 
had no knowledge of any single crime during six years. If the 
French should suppress the sale of brandy to Indians within the 
confines of the colony, these savages wo*uld go off to rejoin their 
own tribesmen, the French thereby losing their furs and their 
labour. The truth was, however, that these sedentary Indians 
along the St. Lawrence supplied very little in the way of furs and 
practically no labour for the cultivation of the lands. 

Sidrac Dugue, a former officer of the Carignan regiment, 
seigneur of Isle de Ste. Therese, and later of Mille Isles, reiterated 
the. argument that the Indians woulld get their liquor somewhere. 
If the French did not give it to them they would "go off to the 
English and Dutch, who, instead of giving them a knowledge of 
th|e Gospel, will make them fall into heresy". Dugue, further- 
more, claimed to have personal knowledge that hundreds of 
I roquois were taking their pelts to "foreigners" because the French 
would not give them brandy. 

The next to bear testimony were Jean-Baptiste Le Gardeur de 
Repentigny and Rene Robineau de Becancour, both of them well- 
known seigneurs who engaged at times in fur-trading as a side 
issue. They likewise held the traffic in eau-de-vie to be "necessary' ' 
at the trading depots because the prices of other goods uteed in the 
trade had been greatly raised and only by bartering brandy could 
the fur traffic be made to yield a profit. They were agreed, never- 
theless, that the coureurs-de-bois ought to be prohibited fro'm taking 
brandy into the wilderness. Repentigny and Becancour repeated 
the warning that if the Indians were allowed to go off to the English 
and Dutch for their intoxicants, they would be instructed in 
"bad religion". This, throughout the whole controversy, was 
the stock argument of publicans and sinners. The only alterna- 
tives, according to the traders, were brandy and the true religion 
from the French, or rum and heresy from the English. 

As for crimes among the redskins it was the opinion of Repen- 
tigny and Becancour that native savagery, and not alcohol, was 
the underlying cause, as was shown by the fact that murder and 
polygamy were not at all unknown among tribes which obtained 
no liquor. 



176 THE CANADIAN HISTORICAL REVIEW 

Jean Crevier, Sieur de St. Francois, suggested that the pro- 
hibition of the liquor trade would be "a great wrong to 
the country" in that it would cause a large number of Indians to 
move away from the French spheres of influence, thus depriving 
the people of a "great profit" which belongs to them. Crevier, 
top, declared his conviction that drunkenness was not an important 
cause of redskin depravity, as witness the case of the Ottawas who 
"daily commit all sorts of crimes," he said, although these Indians 
were under the instructions of the Jesuits. 

The testimony of Pierre de St. Ours added little to that already 
recorded. He was in favour of unrestricted trade. 

Picote de Belestre, who spoke next, pointed out that the way 
to prevent disorders among the Indians was to punish those who 
committed crimes, rather than to stop the liquor traffic. Most 
of the murders in the Indian territories have sprung from "revenge, 
which is their dominating passion". Moreover, the colony had 
found, during the years in which the brandy trade was repressed, 
that many Indians took their furs to the English and thus injured 
the trade upon which the inhabitants of New France depended for 
their subsistence. 

Roger des Columbiers, one of the Quebec 6chevins, painted a 
dismal picture of what would happen if the trade were stopped. 
Such action, fie predicted, would mean "the destruction of the 
country and the ruination of commerce." The Indians, deprived 
of brandy, would ally with the English and make war on the French. 
His colleague, Claude Charron, endorsed this opinion. The 
savages, rebuffed by the French, would take their furs to the 
"neighbouring nations", from whom they would obtain not only 
liquor but "perhaps arms to make war on the colony". A decree 
of prohibition, according to Charron, could not be enforced any- 
how. It might stifle legitimate trade, but boot-leggers would 
swarm into the wilderness in spite of .any decrees. Chorel de 
St. Romain concurred in this general opinion, adding that even 
among the best-behaved people it was customary to conclude a 
bit of trading by drinking together. His solution df the whole 
questidn was to gallicize the Indians, inducing them to live among 
the French and be instructed there by the missionaries. The 
colony was already deep enough in misfortune, he thought, without 
having its trade flattened by restrictions at the behest of the 
bishop. 

A somewhat novel argument was put forth by Pelletier de La 
Prade. The question, he declared, was not merely a matter of 



THE BRANDY PARLIAMENT OF 1678 177 

expediency but of conscience, and in the colony there were many 
consciences which did not approve of restrictions already placed 
upon the trade. The result was that quarrels among the people 
had resulted ; neighbours had been obliged to accuse their neigh- 
bours; restrictions were being applied and proposed which the 
consciences of many people did not approve. La Touche- 
Cham plainadded nothing of value to the discussion, his only 
contention being that if drink caused disorders among the Indians, 
the remedy was to punish the savages who made the disturbances, 
rather than to abolish the liquor trade. 

Jarret de Vercheres set forth his views at some length. He 
believed that restrictions would be of no avail because "the 
people could not suffer their profits to be passed to distant nations". 
In spite of their scruples they would circumvent the prohibitions. 
Since, therefore, the Indians were bound to obtain liquor through 
illicit channels, it would be better to treat them like men and 
give it to them openly. As for drunkenness and crimes the way 
to prevent these things was to let the Indians know the royal 
authority and realize that vices bring due punishment. 

The most elaborate statement was that made by the explorer 
La Salle. There was no mistaking his attitude on the subject. 
He was for trade and transportation without restraint, such action 
"being necessary to preserve peace and commerce." If the 
transportation of liquor to the wilderness were not permitted, the 
right to sell it at the French settlements would be of little value 
because many of the Indians buy it to sell among their own people. 
It was for laymen, La Salle urged, and not for the clergy to decide 
what was the best policy in matters of commerce. Then La Salle 
proceeded to cite some statistics. The commerce of Canada, he 
said, consisted of sixty to eighty thousand beavers per year. 
The people who bought brandy numbered about 20,000 souls. 
A beaver skin cost, ordinarily, a half litre of brandy. From this 
it could readily be seen, La Salle argued, that either each Indian 
drank very little or else brandy brought in a large proportion of 
the pelts. If each Indian drank only a pint per year, it would 
account for one-quarter of the entire trade in beaver skins. Dis- 
turbances among the savages occurred so infrequently, . he said, 
that they gave no real ground for prohibiting the liquor trade at 
the cost of the country. The Indians who were within the settled 
limits of the colony, numbering more than eight hundred in the 
villages of La Prairie de la Magdelaine, La Montagne de Montreal 
an4 Lorette, had not committed excesses, which showed, according 



178 THE CANADIAN HISTORICAL REVIEW 

to La Salle, a greater spirit of law and order among them than 
prevailed in many French towns. Drunkenness among the 
Indians, La Salle declared, was far more common in New Eng- 
land, and certain Iroqupis deputies had told Governor Andros 
of New York that their people were withdrawing into the French 
territories to escape the debauchery and disturbances which came 
from the free use of liquor in territories adjacent to the English 
and Dutch settlements. 

The twenty thousand Indians with whom the French main- 
tained trading relations were, according to La Salle's testimony, 
relatively well-behaved. They created, in five or six years, less 
disturbance than often took place "at two or three public fairs in a 
little Breton town." Many of the Indians drank no brandy them- 
selves but merely bought it to re-sell afar off and bring back pelts 
for it. When restrictions had been placed upon the trade disorders 
had increased, not diminished. The chief sinners had been the 
boot-leggers (vagabons} who gave the Indians cheap stuff at high 
prices and thus caused bad feeling among the tribes. If the trade 
were shut off, La Salle predicted that war with the Iroquois 
would be unavoidable because the high cost of merchandise would 
fill them with distrust. 

Thus far, opinions had run in the same groove. There were 
five dissenters, however, and these now made themselves heard. 
Nicholas Duplessis-Gatineau was opposed to the continuance of 
the trade, believing that it spelt the ruin of religion. The Indians 
got drunk continually, neglected the sacraments and their prayers, 
and lived like unbelievers. The trade meant damnation for white 
and red men alike. Brandy did not serve the best interests of 
trade, in Gatineau's opinion. The Indian went into debt to get 
liquor; in two months he would spend more on drink than would 
suffice to maintain his family for two years. Vallon, the Quebec 
Schevin, seconded Gatineau's views. The trade ought to be for- 
bidden. It led to great disorders. Louis Jolliet was of the 
same opinion. The transportation of brandy into the Indian 
country should be forbidden "under penalty of death". But 
letting the Indians have a little liquor at the homes of the French 
inhabitants was another thing, and Jolliet would have this toler- 
ated, provided due care be taken "not to make them drunk". 
His experience was that some Indians used liquor wisely, but that 
very few of them were in this category. Jacques Le Ber was of 
substantially the same mind. He would allow the Indian to 
obtain liquor in a Frenchman's home but would forbid all trans- 



THE BRANDY PARLIAMENT OF 1678 179 

portation of it to the woods. The argument that liquor served to 
attract the confidence of the Indians Le Ber knew to be nonsense. 
The contrary was more nearly the truth. The furs would come 
to the French, he believed, whether they gave brandy for them or 
not. 

Jean Bourdon de Dombourg, a leading seigneur who had served 
as surveyor-general of the colony, was the last to state his views. 
He was unalterably against the trade. Prohibition would put an 
end to disorders ; the savages would live in peace ; they would not 
stop trapping pelts for want of a little brandy. Moreover, 
the French would then devote themselves to the tilling of the soil 
and the country would prosper. The trade was not only taking 
men off the land but it was debauching all who engaged in it. 
Drunken Indians were committing all sorts of crimes and were 
being ruthlessly cheated, by the traders. Bourdon's plea that the 
trade injured the country by drawing the best blood of the country 
away from the tillage of the soil was the most sensible thing said 
in the entire day's proceedings. 

The assembly, judged by its expression of individual opinions, 
stood fifteen to five. The "wets" outweighed their opponents 
three to one. Whether this was indicative of the general feeling 
among the people of the colony in 1678, no one can safely say. 
At any rate the minutes of the gathering were duly authenticated 
and sent home to the king. They undoubtedly influenced the 
subsequent policy of the home authorities as regards the Indian 
trade. The precedent would have been a good one to follow 
in the determination of other matters, but no similar assembly 
was ever again convoked in New France. This gathering of 1678 
was unique. A transcript of its proces-verbal is worth printing. 1 

WILLIAM BENNETT MUNRO 

[Transcript.] 

Proems-verbal de 1'assemblee tenue au Chateau de Saint Louis de 
Quebec le 10 octobre 1678 et jours suivans au sujet des boissons enyv- 
rantes que Ton traite aux Sauvages. 

Quebec, 10 octobre 1678. 

Le dixiesme jour d'octobre mil six cent soixante dix huit, Nous 
Jacques Duchesneau, Chevalier Conseiller du Roy en ses Conseils, 

1 This document, so far as I can ascertain, has never been published heretofore, 
although some authors have given quotations from it, notably Professor Mack East- 
man in his Church and State in New France (Edinburgh, 1915), pp. 191-195. A MS. 
copy is on file in the Public Archives at Ottawa. 



180 THE CANADIAN HISTORICAL REVIEW 

Intendant de la justice, police et finances en Canada, et pays de la 
France septentrionalle, En consequence de 1'Arrest du Conseil d'Etat 
du Roy tenu a Saint Germain en Laye le vingt-deuxiesme May dernier a 
nous envoye, sign Colbert et commission sur iceluy, signee Louis, Et 
plus has Par le Roy Colbert, Et scellee du grand sceau de cire jaune, 
adressante a Monsieur le comte de Frontenac, Conseiller du Roy en ses 
Conseils, Gouverneur et Lieutenant general pour Sa Majeste en ce pa'is. 
A nous et aux sieurs Officiers du Conseil Souverain de Quebec, par lequel 
Arrest Sa Majeste a ordonne que par mondit sieur le Comte de Fron- 
tenac et nous conjointement avec les d. sieurs Omciers, il sera fait 
assemblee de vingt des plus anciens et principaux habitans du d. pai's, 
qui donneront leurs avis sur le commerce qui se fait avec les sauvages 
des vins, eaux de vye et autres boissons enyvrantes, et des conditions 
ausquelles il peut et doit estre interdit ou continue, dont il seroit par 
nous dresse proces verbal, qui seroit signe de mondit sieur le Comte 
de Frontenac, et des officiers du dit Conseil, et envoye a Sa Majeste. 
Nous serions allez aud. Conseil qui se tient dans le Chateau Saint-Louis 
de Quebec, dans lequel loge mond. sieur le Comte de Frontenac, ou esta^s, 
nous aurions represente les d. arrest et commission, ensemble le memoire 
fait par ordre de Sa Majest6 sur la dimculte de la traite des d. boissons. 
En suite de quoy et apres les avoir examines, nous aurions tous con- 
jointement convenu que pour leur execution, les sieurs Berthier, 
escuyer sieur du dit lieu, de Saurel, escuyer sieur de Saurel, Le Gardeur 
escuyer sieur de Repentigny, Robineau escuyer sieur de Becancourt, 
et de Portneuf, Pezard escuyer sieur de la Tousche Champlain, Du 
Gue escuyer sieur de Sainte-Therese, Boucher, escuyer sieur de Boucher- 
ville, De Verchere sieur du d. lieu, Le Bert bourgeois de la ville de 
Montreal, Jolliet bourgeois de cette ville de Quebec, Crevier Sr de 
Saint Francois, Boullenger Sr. de St. Pierre, Saint Ours escuyer sieur 
du d. lieu, Picott6 Sr. de Bellestre, Saint Remain habitant du dit Cham- 
plain, Duplessis Gastineau habitant du Cap, D'ailleboust escuyer sieur 
de Musseaux, Charron, Le Vallon, et Roger Sr Descoulombiers eschevins 
de la d. ville de Quebec, seroient avertis de se trouver aud. Conseil le 
mecredy vingt sixieme du present mois pour donner leurs avis sur 
la ditte traitte. 

Et avenu le d. jour de Mecredy vingt-sixiesme des d. mois et an 
neuf heures du matin, le d. Conseil estant assemble. Nous y serions 
alles, ou estans pour 1'absence des d. sieurs de Boucherville, Desmus- 
seaux et de St. Pierre, le Conseil auroit remis a prendre les d. avis a ce 
jourd'huy deux heures de relevee, Et ou auroit este nomme en leur lieu 
et place les sieurs Cavelier escuyer sieur de la Salle, Gouverneur du fort 
de Frontenac, Pelletier sieur de la Prade et Jean Bourdon Sr Dombourg. 



THE BRANDY PARLIAMENT OF 1678 181 

Et a la dite heure de deux de relevee, tous les sieurs susnommes 
auroient comparu aud. Conseil, ausquels nous aurions fait faire lecture 
par le greffier d'iceluy de 1'Arrest et commission cy dessus dattes, En- 
semble du d. Memoire fait par ordre de Sa Mate sur la difficulte de 
la d. traitte, duquel ils auroient desja eu communication et tire des copies, 
Ensuite de quoy ils auroient tous donne leurs avis par escrit separement 
d'eux signes. Et qui ont este paraphes par mondit Sieur le Comte de 
Frontenac et nous, qui sont sgavoir, ceux des d. Sieurs Berthier et de 
Saurel, qu'ils est necessaire de donner de 1'eau de vye aux Sauvages, 
parce que le transport des boissons se fait dans les lieux esloignez ou 
dans les habitations franchises, que celuy des lieux esloignes regarde 
les Iroquois qui de tout temps faisant leur commerce avec la Nouvelle 
Hollande en tirent de 1'eau de vye, tant par sa proximite que par la 
facilite des chemins, et 1'ont en si grande abondance qu'ils en ont trans- 
port6 1'este dernier a Cataroquoy quarante barils, par ce que les Francois 
leur en refusoient, a cause du scrupule que met dans les esprits Monsieur 
1'Evesque, et que ce refus n'empesche pas que les Sauvages ne s'enyvrent 
pas avec 1'eau de vye hollandoise, et commettent les crimes dont on 
les accuse. Mais il est tres prejudiciable au commerce qu'ils transportent 
aux hollandois, ce qu'on empescheroit aisement si on leur donnoit de 
1'eau de vye qui est bien meilleure que celle de la Nouvelle Hollande, 
Et on les obligeroit par ce moyen d'apporter aux franc, ois toutes leurs 
pelleteries, sans qu'on deust aprehender que la Religion en souffrit, puis- 
que les Sauvages de la praisrie de la Magdelaine, de Montreal et de 
Lorette sont fort bons chrestiens et ne s'enyvrent pas ordinairement 
quoy qu'ils ayent des bois,sons quand ils veulent. Et que pour ce qui 
concerne les autres Sauvages qui sont dans les habitations franchises 
depuis Sillery jusqu'au dit Montreal dans 1'estendue de soixante lieues, 
qui sont les endroits les plus habituez du pays, au nombre de huit a 
neuf cent, que 1'eau de vye ne les empesche pasd'embrasser le christian- 
isme, parce qu'il n'y en a pas un de chrestien, ny ayant point de Mis- 
sionnaires pour les instruire, Et que les d. Sieurs Berthier et de Saurel, 
n'ont pas de connaissance qu'il se soit commis aucun crime depuis six 
ans par les dits Sauvages, causez par 1'ivrongnerie, Et que si on ne leur 
traitte pas de 1'eau de vye, ils s'en iront demeurer a Orange ou est une 
grande partie de leur nation, Et les franc. ois seront prives de leurs pelle- 
teries et de leur travail pour la culture de leurs terres. 

Celuy des d. Sieur Du Gue, que le d. commerce de 1'eau de vye est 
absolument necessaire pour attirer les Sauvages dans les colonies fran- 
c.oises, et les empescher de porter leurs pelleteries aux Estrangers, ce 
qui ne peut en aucune fagon prejudicier a la conversion des d. Sauvages 
ny a 1 'augmentation de la Religion. Au contraire, que si cette permis- 



182 THE CANADIAN HISTORICAL REVIEW 

sion n'est donne, les Sauvages pouvant trouver de 1'eau de vye ailleurs, 
ils s'en iront aux Anglais et Hollandois, qui au lieu de leur donner con- 
naissance de 1'Evangile, les obligeront de tomber dans 1'heresie, ou ils les 
laisseront dans leurs superstitions, et ne reviendront plus avec les 
francois. Et qu'il a connoissance qu'il s'est retire plus de trois cent Iro- 
quois qui estoient a la chasse au long sault sur la Riviere a trente lieues 
de Montreal, faute de leur avoir donne de 1'eau de vye, et ont porte 
leurs pelleteries aux Estrangers. 

Ceux des d. Sieurs de Repentigny et de Becancourt, qu'il faut per- 
mettre les boissons aux Sauvages. Et que ce traficq est necessaire, 
aux conditions d'empescher les coureurs des bois et vagabons d'en porter 
dans les lieux ou les d. Sauvages font leur chasse, sous de tres rigoureuses 
peines. Et qu'il est d'un extreme besoin pour I'etablissement du 
commerce et celuy de la Religion, de leur donner a boire puis 
qu'assurement si on leur en refuse ils s'loigneront de nous et iront aux 
hollandois et anglois en chercher et y porteront leurs pelleteries, et 
osteront aux habitans francois le benefice qu'ils en recoivent d'eux par 
ce commerce qui est le seul qui donne quelque profit, a cause de la grande 
cherte des autres marchandises que Ton leur traitte. Et parce qu' 
allant aux Estrangers ils demeureront dans leur idolatrie, ou au moins 
s'instruiront dans leur mauvaise Religion, que quant a ce qui concerne 
les desordres pretendus, qu'ils n'ont aucune connoissance des meurtres, 
incestes et adultaires que Ton dit estre arrives par la boisson depuis qu' 
elle a este permise, qu'il est bien vray qu'il y a eu quelquechose de 
semblable parmy des peuple qui ne font aucun usage de ces sortes de 
boissons comme au sault Sainte Marie cinq ou six Sauvages violerent 
une femme et ensuite luy couperent la teste, ce qui est un effet tout pur 
de leur barbaric. Et qu'on a veu 1'automne dernier le chef des Otaoiias 
nomme Talon qui avoit sept femmes, et un autre chef des Poutoiiatamis 
qui avait les deux soeurs pour femmes, quoy qu'ils soient au milieu 
des Missions. Et que pour ce qui est du cas reserve, qu' il n'a fait 
aucun bien, au contraire qu'il n'a servy qu'a jetter du scrupulle dans 
les consciences et causer peut estre la damnation de quelques habitans. 

Celuy du sieur Crevier, que si la traitte de 1'eau de vye n'estoit 
permise cela feroit un tort tres considerable au pais en ce que grand 
nombre de Sauvages Sokokis qui sy sont habitues et qui sont eleves 
dans la boisson parmy les Anglois, y retourneroient et priveroient les 
habitans d'un grand profit qu'ils leur aportent, n'ayant aucune connais- 
sance qu'ils passent aucun desordre dans leur ivrongnerie, et s'il en 
arrive, ce n'est point par cette raison, puisque les Outaoiias, qui ne 
font aucun usage de boissons et qui sont instruits par les Jesuites, com- 



THE BRANDY PARLIAMENT OF 1678 183 

mettent journellement toutes sortes de crimes, ce qui fait voir que 
c'est leur humeur barbare qui les porte a ces mechancetes. 

Celuy du d. sieur de Saint Ours, que le commerce de 1'eau de vye 
doit estre libre, arm que les marchands et autres de ce pais puissent 
librement negocier des boissons et autres marchandises pour les 
pelleteries des Sauvages, atendu que ce n'est pas seulement parmy 
eux que 1'ivrongnerie arrive, mais dans les lieux les plus polices et remplis 
de chrestiens, et que Ton n'a point encore ouy dire que Ton eust fait 
un cas reserve pour des marchands s'ils ont vendu des boissons a des 
gens qui en ayent abus. 

Celuy du dit sieur de Belestre, qu'on ne doit pas faire de difficulte 
de donner de la boisson aus d. Sauvages, mais qu'on les doit chatier 
quand ils commettront des desordres causes par 1'ivrongnerie ou autre- 
ment, par ce que la pluspart des meurtres qui se sont commis n'ont 
est par la boisson seulement, mais par vengeance qui est leur passion 
dominante et par un esprit malicieux. Outre que depuis deux ans 
qu'on a voulu restreindre les d. boissons, les Sauvages se sont retires 
dans leurs pais pour avoir plus de facilit6 a porter leurs pelleteries aux 
Anglois, ce qui cause un grand prejudice au commerce que font les 
habitans de ce pai's qui n'ont que ce seul trafic pour la subsistance de 
leurs families, et qu'il est tres difficile de faire son salut tant que le cas 
reserve subsistera, atendu qu'on ne peut s'empescher de donner de la 
boisson aus d. Sauvages. 

Celuy du d. Descoulombiers, que la traitte de 1'eau de vye doit 
estre permise parce qu'autrement ce seroit la destruction du pais, que 
le commerce se ruineroit, d'autant que les Anglois et Hollandois en 
traittent avec les Sauvages et ont en echange leurs pelleteries en leur 
fournissant des boissons et des marchandises, et que s'ils ne trouvoient 
parmy les habitans de cette colonie leurs besoins, ils se retireroient parmy 
les d. nations, hollandoises et angloises, et nous feroient la guerre. 

Celuy du d. Sieur Charron, que la d. traitte des boissons doit estre 
permise, parce que si on ne donne de 1'eau de vye aux Sauvages ils en 
trouveront chez les nations voisines, ensemble des hardes et peut estre 
des armes pour faire la guerre a cette colonie. Et que s'il est defendu 
de porter des boissons dans les bois, ce sera un proc6s qui ne se dessidera 
pas sitost, doutant fort qu'on le pust empescher, Et ce seroit donner lieu 
a tous les libertins et volontaires d'aller dans les bois avec plus d'avidit6 
et mesme de se ranger du cost6 des Estrangers en privant les habitans 
de la d. traitte des boissons. 

Celuy du d. Sr. Remain, qu'il est tres prejudiciable au pais de defendre 
la d. traitte, tant pour son accroissement que pour 1'interest des habitans, 
atendu que parmy les peuples les mieux polices, on termine beaucoup de 



184 THE CANADIAN HISTORICAL REVIEW 

Marchez et comptes et on entretient 1'union en beuvant ensemble, 
Et que ne laissant par la liberte aux Sauvages de vivre comme nous, ils 
ne se feront jamais Chrestiens, quoy qu'ils demandent des missionaires 
et qu'on pust esperer que par les bonnes instructions qui leur seront 
donnees, avec les bons exemples qu'ils auront devant eux, ils vivront 
parmy les franc.ois, qui les retireront des grands d6sordres ou Ton dit 
que quelques uns se sont portez, qu'il y en a des marques a la praisrie 
de la Magdelaine, puisque les Sauvages qui y sont raisonnent bien et ne 
se laissent point tromper dans le commerce qu'ils font de leurs pelleteries 
et acheptent librement des boissons des frangois. Ce qui fait voir que 
tant qu'il y aura des lieux etablis connue celuy de la praisrie de la Magde- 
laine et de Lorette, ce seront autant de s6minaires pour 1'instruction 
des Sauvages qui y seront esleves. Et qu'il y a en tous lieux des Peres 
qui travaillent pour la gloire de Dieu et le service du Roy, y ayant assez 
de malheureux dans le pai's sans que le cas reserv de Monsieur 1'Evesque 
en face davantage, qui sont au dsespoir de mourir sans secours, les 
prestres n'en ayant pas le pouvoir de leur en donner. 

Celuy du dit Sr. de la Prade, que bien 61oigne de former des dificult6s 
sur la d. traitte de boissons, elle doit estre permise, tant pour ce qui 
regarde les consciences, que la Iibert6 du commerce. Ce seroit un mal 
tr&s grand si on la dfendoit, et qu'il sc.ait par experience que depuis les 
defences qu'on a faittes d'en donner en toute liberte, il est arriv6 de 
grandes divisions parmy les peuples. Et les consciences n'ont pas seule- 
ment eu les embaras que leur avoit cause le cas reserve^ mais encore ceux 
que leur ont donn6 les querelles arrivees entre les families, qui ont oblig6 
les voisins d'accuser leur voisin, afin qu'on ne leur fit pas porter aucune 
des peines contenues dans les Ordonnances qui ont est rendues sur ce 
sujet. 

Celuy du dit Sieur de la Tousche Champlain, qu'il est bon de donner 
boire aux Sauvages, mais que ceux qui leur en traitteront se reglent 
sur ce sujet, et que si les Sauvages font quelque desordre, qu'ils soient 
punis suivant le delict et de la maniere qu'on chatie les frangbis. Et 
qu' l'egard du cas reserve, qu'il est bon qu'il ne subsiste pas, & cause de 
1'embaras qu'il cause aux consciences, et qui n'empesche pas qu'on ne 
donne de 1'eau de vye aux Sauvages. 

Celuy du d. Sieur de Vercheres, que la d. traitte doit estre entierement 
permise, tant des d. boissons comme des autres marchandises, estant 
extremement utile au commerce du pais. Et pour donner le repos aux 
consciences qui depuis plusieurs ann6es ont este troublees parce qu'on 
n'a pu empescher les personnes qui en paraissoient les plus esloignees 
de faire ce commerce, voyant bien que ce n'toit qu'un mistere qui con- 
tinueroit s'il n'y estoit pourveu par Sa Majest. D'autant qu'en premier 



THE BRANDY PARLIAMENT OF 1678 185 

lieu, le cas reserve a fait un tres grand tort au d. commerce, les habitans 
ne pouvant souffrir qu'on emportast le proffict chez les Nations esloignes, 
et qu'ils n'ont fait aucune difficulte de passer par dessus toutes considra- 
tions, quoy qu'il leur reste du scrupule. Ce qui les a obligez d'estre 
plusieurs annees sans s'approcher des sacremens. En second lieu, 
que Ton fait croire que les Sauvages ont une grande avidit6 pour la 
boisson, ce qui devroit estre parce qu'elle ne leur est donne qu'en 
cachette pour leur argent, et que cette maniere d'agir leur fait connoistre 
qu'on les traite en bestes et qu'on veut les distinguer des frangois. Ce 
qui leur peut donner occasion de s'en esloigner. Et que si on usoit 
autrement, on les obligeroit a vivre comme nous et a nous servir. Et 
que loin que cette liberte de traitter de la boisson les empesche d'embras- 
ser ndtre Religion, elle les y porteroit, ce qui se prouve par les nations 
Outaouases qui ne sont point enclins a boire et chez lesquels on n'a pas 
fait de grands progrez, que quant aux desordres que la dite traitte cause, 
ils sont en petit nombre a proportion des peuples. Et que lorsqu'ils 
connoissent 1'autorite Royalle et la maniere dont on punit les vices, ils 
n'y sont pas communs. 

Celuy du sieur De la Salle, qu'on doit permettre sans reserve la 
traitte et le transport des boissons aux Sauvages, parce qu'elle est 
entierement necessaire pour conserver la paix et le commerce, qu'autant 
qu'il est a propos que les juges ordinaires ch&tient seVerement les des- 
ordres qui pourroient arriver par cette permission, autant est il a sou- 
haiter que Monsieur 1'Evesque voulut decharger du scrupule du cas 
reserve, qui trouble les consciences, qui met la division dans les families, et 
cause du scandale sans aucun fruict et sans qu'il y ait lieu d'en esprer. 

Qu'il est de la derniere consequence pour la tranquilit6 publique de 
permettre au defendre absolument le transport des boissons sans autre 
reserve que de punir ceux qui feront du desordre. Si on accorde cette 
liberteV parce que le transport seul est important au commerce, la per- 
mission d'en donner dans les habitations estant peu utile, d'autant qu'il 
ne s'en fait pas une grande consommation et que les sauvages n'en 
traittent considerablement que pour la vendre chez eux qui est la seule 
raison que les oblige de venir parmy nous, ny estant pas invites par 
Ten vie de boire, en pouvant trouver plus proche et en grande abondance 
chez les Estrangers. 

Qu'on ne peut disconvenir que cette liberte est necessaire au commerce 
parce que 1'usage n'en est point criminel, et que le salut de la colonie en 
depend qui peut 1'autoriser estant une chose indifferente d'elle mesme, 
quoy qu'il en arrive du mal par accident centre 1'intention de celuy qui 
s'en sert. Et que c'est aux laiques seulement a descider sur ce qui est 
bon ou mauvais au commerce, et non aux Ecclesiastiques. 



186 THE CANADIAN HISTORICAL REVIEW 

Et que pour prouver davantage la necessite du dit transport, on doit 
remarquer que le commerce du Canada consiste en soixante ou quatre 
vingt mil castors par an au plus. Et que les peuples qui acheptent 
la boisson sont au nombre d'environ vingt mille ames, qu'on ne donne 
ordinairement pour chaque castor qu'une chopine d'eau de vie et qu'il 
suit de cela que si chacun de ces Sauvages la boit seulement par annee, 
il en revient au pais le tiers ou le quart de tout ce castor. Et cependant 
les Sauvages ne se pourroient enyvrer qu'une fois ne beuvant que cette 
quantit^ dont on tireroit vingt mil castors. 

Qu'il est impossible que tous ces Sauvages s'enyvrent, ou qu'ils 
tombent si souvent dans ce desordre ou bien ils acheptent de la boisson 
pour beaucoup plus de vingt mil castors, ce qui fait conclure que ce 
commerce fait la plus grande partie du nostre, ou que les Sauvages s'eny- 
vrent rarement, que s'il est arrive peu souvent des desordres, ce ne doit 
pas estre un motif suffisant pour en defendre la cause au prejudice du 
repos d'un pais, que ceux qui arrivent par accident doivent estre chaties, 
mais ce commerce doit estre permis. 

Qu'on ne peut convenir de ce qu'on avance de remportement des 
Sauvages pour la boisson, par ce qu'on remarque tous les jours, et 
ce que disent les Missionnaires qui demeurent d'accord qu'il y a treize 
ou quatorze cent Iroquois et Hurons qui vivent avec nous, il y en a plus 
de huit cent de ceux qui composent les bourgades de la praisrie de la 
Magdelaine, de la Montagne de Montreal et de Lorette qui se sont 
entierement retires de la debauche depuis quatre ou cinq ans qu'ils y 
demeurent, ce qui marque une disposition a la discipline et a 1'ordre 
bien plus raisonnable que celle de plusieurs frangois. Ce que les deputes 
sauvages qui furent entendus il y a peu de temps par mon d. sieur le 
Comte de Frontenac et nous confirmerent et raporterent que 1'ivrong- 
nerie estoit plus soufferte dans la Nouvelle Angleterre, que parmy nous, 
puis qu'ils assurerent avoir dit au Sieur Andros, Gouverneur de Manatte 
qu'ils s'estoient retirez avec nous pour esviter la debauche et le grand 
debordement ou plusieiurs de leurs compatriottes vivoient au sujet de 
1'eau de vye dans le voisinage des Anglais et Hollandois. 

Qu'il ne faut que faire reflexion sur ce que les frangois feroient dans 
la debauche s'ils n'estoient retenus par 1'aprehension des loix, et en 
faire comparaison a ce qui arrive parmy les sauvages qui vivent dans 
1'impunite. Et on verra que vingt mil de ces Barbares qui n'aprehendent 
aucune punition dans leur pays ne commettent pas tant de d6sordres dans 
cinq ou six ans qu'ils en arrive dans deux ou trois foires d'une petite ville 
de Bretagne. 

Qu'il est certain et qu'il a connoissance qu'il y a grand nombre de 
Sauvages qui ne boivent jamais de vin ny d'eau de vie, et qui n'en 



THE BRANDY PARLIAMENT OF 1678 187 

acheptent que pour Taller revendre bien loin et en apporter les pel- 
leteries. 

Que les dsordres sont si peu frequents qu'a peine en trouverra on sept 
a huit depuis six ans, qui sont plutost 1'effet de leur barbaric que des 
boissons qu'ils acheptent. Et qu'il en arrive beaucoup plus souvent 
dans les Nations qui n'en usent point, a cause qu'elles sont bien plus 
esloignees de nous, qu'elles ne connoissent pas nos manieres, ausquelles 
elles s'accoutument peu a peu. Ce qui se connoist manifestement par 
ce que pendant la plus grande rigueur des Ordonnances les d. desordres 
estoient plus connus que depuis qu'elles ont este revoquees. 

Qu'il est certain que cette liberte du transport des boissons diminuera 
le d6sordre, parce qu'on ostera le moyen aux libertins de les aller com- 
mettre avec les Sauvages, qui par leur interest aimeront mieux venir 
achepter de la boisson a bon marche dans les habitations, que de s'arrester 
aux vagabons qui ne leur en peuvent donner que tres peu et bien chere- 
ment. Et ce sera le moyen que les honnestes gens qui feront ce com- 
merce en toute sfirete s'oposeront au prejudice qu'y causeroient les 
vagabons. 

Qu'il est important qu'il fase remarquer qu'estant oblige a la con- 
servation du poste que Sa Majeste luy a confi, que si le transport des 
boissons est interdit, la guerre est infaillible avec les Iroquois dans tres 
peu de temps, a cause de la cherte des denrees, ainsi que les lettres des 
Missionaires le portent. Et qu'il doit tout apr6hender si on leur reffuse 
d'autre moyen de les attirer pour leur oster la deffiance qu'on leur inspire. 

Celuy du dit Duplessis Gasteneau qu'il ne faut traitter aucune eau 
de vye aux Sauvages, d'autant que cette traitte ruine la Religion, 
parce qu'on les a veus autrefois assidus aux prieres et a la frequentation 
des sacremens, et que maintenant ils vivent comme des athees et com- 
mettent toutes sortes de crimes, ce qui precede de 1'ivrongnerie con- 
tinuelledanslaquelleils sont, que la ditte traitte met les frangois et sau- 
vages dans un estat de damnation, les uns par le mepris qu'ils font des 
ordres de 1'Eglise, et les autres par ce qu'ils ne boivent que pour s'enyvrer, 
que cette traitte ruine le commerce, par ce que Sauvages s'endettent de 
tous costez pour boife et qu'un d'eux depense plus en boisson dans deux 
mois, qu'il ne feroit en deux ans pour 1'entretien de sa famille. 

Celuy du d. Sieur le Vallon, qu'il est necessaire que la dite traitte 
soit dfendue par ce que les Sauvages et sauvagesses comettent de 
tres grands desordres, ce qui fait que les frangois vont dans les bois pour 
leur en traitter. 

Celuy du dit sieur Jolliet, qu'il faut dfendre, sur peine de la vie, de 
transporter des boissons dans les bois au devant des Sauvages qui com- 
mercent avec les frangois. Comme aussy aus dits sauvages d'en emporter 



188 THE CANADIAN HISTORICAL REVIEW 

mais qu'il soit permis aux habitans de leur en dqnner dans les maisons 
et aux lieux ou Ton traffique avec moderation, esvitant de les enyvrer. 
Et s'il arrive quelques desordres, qu'ils soient ch^tiez. Et qu'il n'est 
pas vray de dire que tous les Sauvages s'enyvrent, quelques uns en usant 
bien, comme ceux qui sont parmy nous, d'autres mesme en font traffic 
et acheptent de 1'eau de vye aux habitations et la portent dans les bois 
vendre ou eschanger de castor, dont ils ont ensuite de la boisson et des 
marchandises, qu'il est vray qu'il s'en trouve peu de ceux cy, et que de 
deux cent, il n'y en a pas trois. 

Celuy du dit sieur le Bert, que Ton pourroit donner la liberte de 
traitter de 1'eau de vye dans les maisons avec moderation et d'empescher 
que les Francois et les Sauvages n'eussent point la liberte d'en transporter 
dans les bois ny dans les cabanes. Et que pour ce qui est allegu6 que la 
liberte de donner des boissons a boire aux Sauvages est un moyen pour 
les attirer a la foy, qu'il soutient au contraire que c'est plutost une 
opposition. Et qu'a 1'esgard du commerce, qu'on leur en traitteou non, 
c'est toujours la mesme chose, et que leurs pelleteries tomberont toujours 
entre les mains des habitans. 

Et Celuy du dit sieur Dombourg, que si la traitte des boissons est 
defendue on ne verra point de ddsordres, que les Sauvages vivront en 
paix, qu'on ne s'arrestera plus a attraper leurs pelleteries pour un peu 
de boisson qu'on leur donne, et que les franc.ois s'adonneront a la culture 
des terres, ce qui sera cause que le pai's fleurira, qu'au contraire si la dite 
traite est permise, le pais dechoira, bien loin d'augmenter, et Dieu sera 
tres mal servy, parce que les Sauvages ne boivent que pour s'enyvrer, que 
lorsqu'ils sont yvres, ils commettent beaucoup de crimes et incestes, les 
enfans tuent leurs peres, violent leurs soeurs, les meres tuent leurs enfans, 
et les femmes se prostituent pour une chopine d'eau de vye, que si la 
liberte de cette traitte est accorded on ne verra que des coureurs des bois 
pour en traitter, que c'est un grand pche de donner pour vingt sols d'eau 
de vye en ^change de six a sept francs de Castor, et que, lorsque les dits 
Sauvages ont beu, ils vendent tout ce qu'ils ont, et donnent quelque fois 
un fusil pour demy septier d'eau de vye, que cela est si vray qu'on ne 
void plus tant de Sauvages depuis qu'ils traittent des boissons, comme 
il y en avoit auparavant, par ce qu'ils en boyvent en si grande quantit 
qu'ils en meurent. Et cette passion de boy re empesche leur conversion, 
par ce que depuis qu'ils y sont accoutumez, ils ne veulent plus faire autre 
chose, ny entendre parler de Dieu. 

Dont et de tout ce que dessus. Nous avons dresse le present proces 
verbal, pour iceluy envoy6 a Sa Majeste, estre par elle ordonn6 ce qu'il 
appartiendra, les jour et an susdits. Et sont les dits avis signez et para- 
phez, demeurez attachez au present proces verbal. Et ont signe Fron- 



THE BRANDY PARLIAMENT OF 1678 189 

tenac, du Chesneau, Rouer Villeray Le Gardeur Tilly, Damours, Du- 
pont, de Peiras, C. de Bermen, D'auteuil, et Peuvret. 

Collationn6 a 1'original demeure ez liasses du. Greffe du dit Conseil 
Souverain, par moy Conseiller Secretaire du Roy et Greffier en chef au dit 
Conseil. A Quebec le vingt unieme Aoust mil six cent quatre vingt 
treize. 

PEUVRET 



REVIEWS OF BOOKS 



The Outline of History, being a Plain History of Life and Mankind. 

By H.G. WELLS. Twovols. Toronto : The Macmillan Co. 1920. 

Pp. xix, 648 ;x, 676. ($12.) 

FOR six months now Mr. H. G. Wells's Outline of History has been running 
the gauntlet of the reviewers. It was hailed by the general public with 
great acclaim. The book had the supreme merit of being interesting, 
and it was something that an author should compel literally hundreds of 
thousands of people to read from cover to cover two good-sized volumes 
which professed to contain the salient things in the "plain history of 
Life and Mankind", beginning with "the Making of our World", and 
ending with a prophecy of the federal government of the whole world 
and a suggestion of the means by which it may be brought about. Mr. 
Wells's book does not lack boldness of conception and execution. He 
had to face the criticism not merely of the experts in history but also of 
experts in physical science, for his earlier chapters explain the origin of 
man in the great scheme of nature. Even adverse critics are obliged 
to admit that Mr. Wells restates accurately the information which he 
derives from his authorities. He has vivid insight, and his acute mind 
seizes quickly the vital things in his enquiry. Mr. Hilaire Belloc under- 
took a terrific onslaught on Mr. Wells's history, and claimed the right as 
an expert to denounce it as reflecting Victorian Oxford. But those 
who followed the controversy would probably agree that the evidence of a 
muddled mind convicted not Mr. Wells but his assailant. 

The half is already fulfilled of Mr. Belloc's prophesy regarding the 
Outline: "It will have a prodigious vogue in its own world and an early 
grave." If the other half prove to be true, it will not alter the fact that 
perhaps a million minds have already received whatever of suggestion 
and enlightenment the book contains for them; and this influence will 
continue, no matter how soon the yawning grave of oblivion closes 
on the work itself. Mr. Wells has done his bit to explain to the men of 
to-day how their society came to be what it is. He estimates the values 
of all phases of human society in all continents. He shrinks from nothing. 
He is as ready to explain the course of past events in China, India, and 
Egypt, as he is to tell us what Greece and Rome and England have done. 
Saul and Jonathan rub shoulders here with Philip of Macedon and 
Alexander. Jesus of Nazareth is explained side by side with Mahomet; 

190 



REVIEW OF BOOKS 191 

and Jengis Khan is outlined as fully as Napoleon Bonaparte. It is a 
marvellous canvas. Mr. Wells never shows any doubt of himself. 
He has, it is true, employed critics like Professor Gilbert Murray, Mr. 
Ernest Barker, and Sir H. H. Johnston to warn him of pitfalls, but he is 
as ready to differ from as to agree with them. 

Mr. Wells has irritated the histprians. Mr. Belloc takes a fling at 
his "sincere faitfh in the manuals." Certainly he has consulted the most 
recent manuals. Of this the historians who themselves write manuals 
should not complain. The difference between them and Mr. Wells is 
that, in writing the manuals, after consulting various and contradictory 
sources of information, they were on many things still in doubt. If 
they put their conclusions in a positive form, it was because this was 
necessary if a manual was to be a manual and not a treatise. An intel- 
ligence equally acu'te might have reached conclusions widely different 
after examining the same evidence. The truth is that the closer we get 
to the varied qualities of a great figure in history the more delicate will 
be seen to be the nuances ot circumstance and capacity which determine 
action. Mr. Wells has not this insight. His Alexander and his Napojeon 
are figures jet black. He even goes so far as to say that Napoleon III 
was a more capable man than Napoleon I, and he is not jesting. An 
historian who knew more tfian Mr. Wells would be less positive. 

Here we touch the vital defect of the work. A brilliant novelist, 
with a powerful and discriminating imagination, with a style which, 
in spite of lack of charm, never lacks lucidity, with an assured literary 
position, undertakes to tell the world the meaning of the really vital 
things which have happened in the history of man. But we have not 
read far before we see that Mr. Wells is standing on a particular part of 
the earth's surface. He has, every one must admit, amazingly keen 
eye-sight, but inevitably its range is limited. We soon find defects in 
the training of the observer. His outlook is not detached. He is a 
radical, and he can find little good in kings or nobles; he is anti-mili- 
tarist, and therefore he dislikes soldiers; his conception of tjie Christian 
religion is purely ethical ; he has no understanding of that vast hierarchical 
system which for centuries swayed Europe and believed in mysteries 
which to Mr. Wells seem only nqnsense. A chief defect of Mr. Wells as 
an interpreter of world history is that he is always a European. He has 
little understanding of the vitality of the forces in man's history which 
lie beyond Europe. 

This defect becomes the more glaring the more closely Mr. Wells 
comes to our own time. We can not dispute with him about Jengis 
Khan, for in that field he has as much right to be certain as we have. 
But when he turns to explain America and the self-governing British 



192 THE CANADIAN HISTORICAL REVIEW 

Empire in history he becomes suburban in outlook. He is not really 
interested. He devotes as many pages to the flight to Varennes as he 
devotes lines to the South African War. He thinks that the time may 
come when the constitution of the United States may be regarded as 
belonging by right to the primitive neolithic age. He thinks that Canada 
staiids in much the same relation to England as the state of New York 
does to the federal government at Washington, and that "colonial 
politicians" are hardly fit to have a place in the counsels of the world. 
All this Mr. Wells says with grave cocksureness. When the present is 
interpreted with an outlook so parochial, we wonder what can be the 
value of an Outline of History written from the same point of view. But 
what other man would have had the courage to tackle such a task and to 
perform it in so coherent a manner? 

GEORGE M. WRONG 

The British Commonwealth of Nations: A Study of its Past and Future 
Development. By H. DUNCAN HALL. London: Methuen & Co. 

1920. Pp. xviii, 393. (lOsh. 6d.) 

MR. HALL'S book is of vital importance to all students of that most 
interesting of constitutional developments, the British Empire, or as 
one would rather have it, the British Commonwealth of Nations. It 
is an admirable summary of the meaning of the past hundred years in 
colonial history. But it is no mechanical narrative. Mr. Hall has his 
very definite point of view, and it must be owned that he goes far to 
convince his readers that he is right. 

The book had its origin in an investigation conducted by the Fabian 
Society; and is a new proof of the importance of that society as the chief 
stimulus within the Empire to correct processes of political thought. 
It gives a clear, if brief, account of the preliminary stages of imperial 
growth, whereby colonies became Dominions, and Dominions grew 
together into a new type of political organism. Incidentally it reveals 
how large a part Canada played in discovering the government appro- 
priate to the incipient nation, and the full implications of responsible 
government. 

Mr. Hall joins battle with the federationist school of imperial poli- 
ticians, not fiercely but with determination. He stands for co-operation 
as against imperial federation; and the Curtis school of federationists 
has never been more rationally or damagingly criticized than in these 
pages. For him the loose methods of co-operation have an efficiency 
and elasticity not to be found in the romantic legalism of Mr. Curtis and 
the Round Table. It was once possible to think of the Round Table 
group as applying Fabian Society methods to the study of Empire. 



REVIEW OF BOOKS 193 

But Mr. Hall's voliyne, as contrasted with Mr. Curtis's Problem of the 
Commonwealth, proves that in spite of their socialist creed, the Fabians 
have always possessed a freedom from propagandism, and a fruitful 
openmindedness, which compare very favourably with Round Table 
unwillingness to accept results which do not square with preconceived 
ideas. For Mr. Hall, the whole teaching of the Imperial Conferences, 
and of their culmination in the co-operation of the British nations in 
the war, goes counter to the idea of the federal super-state. He does 
not banish the idea of a federation from his view of imperial politics, 
but for him the world moves very slowly to that very far-off event: 
"We are groping slowly," he says, "towards political and economic 
democracy towards a new state, towards a new economic and social 
system, and above all towards a new human nature, with a far wider 
range of human sympathy. When the foundations of this new soceity 
are more firmly laid, and when the populations of the Dominions more 
nearly balance that of the United Kingdom, the peoples of the British 
Commonwealth are likely to discover that, in order to achieve their 
common purposes more effectively, they require to establish a super- 
national authority. Then the dream's of Imperial Federation may 
become a practical reality: but it is safe to predict that the Imperial 
Federation which may then be adopted will have to be a broader and a 
much more adaptable form of government than any yet suggested by 
federalists" (p. 225). To which the cynical federalist might add that 
the next ice age may possibly have anticipated this result. 

For the author and for his readers, the central' point of interest 
lies in the international bearings of the new British Commpnwealth. 
It was a natural thing for a group of semi-independent states to grow 
to nationhood without a breach of unity. It was a complicated, but 
yet natural, growth which produced the expansible and powerful system 
which operated in 1914. But the co-operative commonwealth had to 
face a new test when it asked the outside World to take it into the League 
of Nations on its own terms. Mr. Hall sees very clearly the dangers ] 
here, from misunderstanding on the part of others, or from a too easy ! 
assumption of right on the part of Commonwealth statesmen. He 
demands from our leaders "that the British peoples should seize the 
first opportunity to set clearly before the whole world, by means of a 
general declaration of constitutional right, the real nature of their 
relationship to one another within the British Commonwealth." Apart 
from this clarification of status, he suggests that, within the League 
of Nations, the British model may serve for the erection, not of alliances, 
but of groups of states, held together by natural common interests. 
Each state in this group would have its status of a nation in the League 



194 THE CANADIAN HISTORICAL REVIEW 

assembly, while the group, like the British unit, would be represented 
on the League council. The chief difficulty here is that the British 
group is not only first in the field, but possesses a solidarity which other 
groups might envy without being able to imitate. And further, unless 
United States endearments cein turn the Monroe doctrine into some- 
thing more affectionate than it has seemed to be these last hundred 
years, the great Republic may easily find herself a little solitary, and 
continue to grudge the Commonwealth its undeniable six votes. 

We are still too deeply immersed in events to make a habit of pro- 
phecy wise. But Mr. Hall usually keeps on the safe side of prophecy, 
and his book is a challenge to us to watch events, and ourselves, closely. 
Nothing in these last twenty years has been so significant as the share 
taken in shaping and defining the Commonwealth by men of the Do- 
minions. It is possible to hold that not Chamberlain but Laurier, not 
Milner but Smuts, not the British cabinet but the members of the 
Imperial Conferences, have been the true leaders into our present great- 
ness. It is therefore appropriate that a graduate of Sydney University 
should have written the first really adequate account of the operation of 
great recent events on the British Empire. 

J. L. MORISON 

Dominion Home Rule in Practice. By A. BERRIEDALE KEITH. (The 
World To-Pay: No. 8.) Toronto: Oxford University Press. 
1921. Pp. 63. 

RARELY does one come across a little book which one can praise so 
unreservedly as this. Within the compass of what is hardly more than a 
pamphlet, Professor Berriedale Keith has set himself the task of des- 
cribing the position of the self-governing Dominions in the British 
Empire; and the way in which he has performed the task affords a 
striking example of condensation and lucidity. Not only has he pro- 
vided a summary of the salient portions of his Responsible Government 
in the Dominions and his Imperial Unity and the Dominions, but he 
has brought these excellent treatises down to date; and all with such 
masterly ease and simplicity that one hardly realizes the weight of 
learning that lies behind every sentence he writes. 

The scope of the book can be briefly indicated. The first chapter 
gives an account of the government of the Dominions, with reference to 
their more or less uniform systems of cabinet government, parliamentary 
rule, and law administration. A second chapter then discusses the 
application of the federal principle in Canada and Australia. Having 
described the political machinery of the Dominions, the author next 
turns to the powers of the United Kingdom. These he discusses under 



REVIEW OF BOOKS 195 

the several heads of foreign affairs, defence, and "constitutional affairs" 
dealing, under the last heading, with constitutional changes, judicial 
appeals, and' honours. Lastly, he devotes a chapter to the subject of 
imperial co-operation. 

NatuYally, one turns with especial interest to those passages in 
which Professor Keith deals with developments that have arisen since 
his Imperial Unity and the Dominions was published in 1916. It is 
worthy of notice that he lays it down as his opinion that the discussion 
of the question of the appellate jurisdiction of the Judicial Committee 
of the Frivy Council at the Imperial Conference in 1918 "revealed clearly 
that its maintenance is gradually becoming impossible in its present 
form" (p. 50). His verdict upon the Imperial War Cabinet is remarkably 
clear-headed. He denies that it possessed "executive authority through- 
out the Empire similar to that exercised by an ordinary cabinet over its 
territory"; and he sees no essential difference between the functions o 
the Imperial War Cabinet and the Imperial War Conference. "The 
termination of the war has not brought to a close any vitally new exper- 
iment; it has merely removed those special circumstances which gave to 
Imperial consultation a wholly unusual importance. The Imperial 
Defence Committee, which has been resuscitated since the termination 
of active hostilities, and to the meetings of which Dominion representat- 
ives are summoned when matters of interest to the Dominions are under 
discussion, is the natural successor under peace conditions of the Imperial 
War Cabinet" (p. 56). 

Professor Keith sees also clearly the implications of the inclusion 
of Canada and the other Dominions in the League of Nations, especially 
as regards their position in the British Empire. "The League Coven- 
ant," he says, "while it undoubtedly magnifies the status of the Do- 
minions, at the same time unites them in a closer and more effective 
link with the United Kingdom. Merely as colonies, the Dominions 
undertook no obligation to render active military or naval assistance to 
the United Kingdom in war a position from which Sir Wilfrid Laurier 
never receded; as members of the League they have undertaken definite 
obligations towards one another and the Empire as a whole" (p. 50). 

These are only a few of many interesting and important passages 
which might be quoted from this unpretentious brochure. No student 
of imperial questions should delude himself into ignoring it on account 
of its brevity. As an addendum to the author's previous work, it is 
part of the essential literature of the subject; and as a handbook of 
imperial politics, one could only wish that it were in the hands of every- 
body. 



196 THE CANADIAN HISTORICAL REVIEW 

Autonomy and Federation within Empire: The British Self-governing 
Dominions. Prepared under the supervision ot JAMES BROWN 
SCOTT. (Carnegie Endowment for International Peace, Division 
of International Law: Pamphlet Series, No. 33.) Washington: 
The Carnegie Endowment for International Peace. 1921. Pp. xvi, 
352. (Gratis.) 

THIS little book is an attempt to place before the public, in the form of 
original documents, the essential facts in connection with the develop- 
ment and orgahization of the British Empire, so far as the self-governing 
Dominions are concerned. The ignorance which exists in many 
countries with regard to the true autonomous character of the Dominions 
alone makes the attempt worth while; and the convenience to students 
of British imperial policy in having in brief compendious form a large 
number of the fundamental documents of the British Empire can hardly 
be exaggerated. 

The method of selection employed is original. The growth of 
autonomy or self-government is illustrated by means of documents 
drawn from the constitutional history of Newfoundland and New Zea- 
land; and the application of the federal principle is illustrated by refer- 
ence to the fundamental laws governing the constitutions of Canada, 
Australia, and South Africa. This arrangement has the advantage of 
placing in an easily accessible form the otherwise out-of-the-way docu- 
ments relating to the constitutional history of Newfoundland and New 
Zealand; but it is open to the objection that the growth of self-govern- 
ment in the British colonies is best illustrated by reference to that colony 
where it was first achieved, Canada. 

In some other respects, the book is open to criticism. The omission, 
in the Canadian section, of the British North America Act, 1915, is 
surely an oversight; and the dates set down in the preface for the "grant 
of ministerial responsibility" to the various Canadian colonies are 
in several cases incorrect. Neither Ontario (Upper Canada) not Quebec 
(Lower Canada), for instance, got responsible government "in 1839" 
(p. vi): Lower Canada, indeed, was at that time under the rule of 
an arbitrary nominated council. Nor did British Columbia have to 
wait until "1871" (p. v.) until it got self-government. There were 
only four, not "five" (p. vii), provinces in the original confederation of 
1867 ; and to say that the remaining provinces were added from time to 
time "out of territory already part of the Dominion" is very wide of the 
truth. Just as the historical sketch contained in the preface is inade- 
quate, so is the bibliography inadequate. It ignores a large number of 
books of first-class importance, and it lists several books of no importahce 
at all. 



REVIEW OF BOOKS 197 

On the other hand, the volume contains a very full and useful index, 
which should be of the greatest value to students using it as a source- 
book. 

Question de Droit: Du Manage. Par A. A. BRUNEAU. Montreal: 

G. Ducharme. 1921. Pp. 290. ($5.00.) 

MR. JUSTICE BRUNEAU of the Superior Court of the province of Quebec 
at Richelieu, had, in the course of his official duty, to try an action 
brought by a Jew of Montreal named Kaplan, claiming that his marriage 
with a Russian Jewess, Goldstein, was null and void. The plaintiff 
was of the tribe of Levi; the defendant had been divorced in Russia; 
and the plaintiff had married her in ignorance of this fact. By Jewish 
law, a descendant of Levi must not marry a divorced woman; conse- 
quently, on discovery of the fact, the plaintiff left the defendant, and 
sought relief in the civil court. To decide the case, the learned judge 
went over the whole field of the Roman law, the early and mediaeval 
civil law, and the canon law, and even examined the common law. He 
investigated the law of Canada before and after the conquest of 1759- 
60, down to, and including, the latest Dominion and Quebec statutes. 

As his colleague, Mr. Justice Lafontaine, says in his appreciative 
and appropriate introduction, "Since the notes of his judgment could not 
find a place in the Reports of the Courts, he has conceived the happy 
idea of making them into a book for the common advantage of lawyers, 
theologians, and historians, who can avail themselves of the information 
in full measure"; and so we have this book of 290 pages, a work in all 
respects worthy of its able and scholarly author. Other writers have 
more or less fully dealt with the provisions of Article 127 of the Quebec 
Civil Code, which is considered to place all religious bodies, Jews not 
excluded, on the same footing, and to subject everyone to the impedi- 
ments against lawful marriage laid down in the rules of his own 
Church or religious society; but the present is by far the most exhaustive 
study of the matter, and Mr. Justice Bruneau has laid all students of 
Canadian law and history under a deep obligation, for the care, dili- 
gence, skill, and accuracy which he exhibits in his book. 

He begins by showing that the Code is substantially a systematized 
statement of the existing law that the law of the province, at all events 
from and after the Quebec Act of 1774, was substantially the Coutume 
de Paris, and that in the old French law the jurisdiction of the ecclesiast- 
ical courts was recognized in matters relating to marriage. "The 
provisions of our civil code as to marriage, and especially those of 
Article 127, give to it the same religious stamp as the ancient law." 
He then shows by citation of statutes, etc., that the province of Quebec 



198 THE CANADIAN HISTORICAL REVIEW 

has for nearly a century placed the Jews on the same footing as other 
British subjects. 

The ancient capitularies, ordinances, edicts, and declarations are 
discussed at length, from the time of Childebert I, who in 552 forbade 
marriages "entre beau-frere et belle-soeur, et belle-mere," down to the 
Declaration of Louis XV, on November 22, 1730, which aimed to prevent 
and to punish forcible compulsion of women to live with a man (rape) 
or even persuasion to the same (seduction). In this part of the work are 
given the decrees of the Council of Trent ; and it will be news to some who 
joined in the outcry against the Ne Temere Decree that the Council of 
Trent actually reduced instead of (as is generally supposed) increasing 
the number of impediments to lawful marriage. 

An exceedingly valuable account is given of the legislation and 
decisions in Canada from 1663 to 1769. But what many will think the 
most interesting, if not the most instructive, part of the book, is the 
section on the ecclesiastical jurisdiction of the Roman Catholic Church 
in Canada before the promulgation of the Civil Code. The first case 
before the Superior Council at Quebec, raising the question of this 
jurisdiction, was in 1676. Noir Rolland, a Montreal merchant, com- 
plained of the abbe Guyotte, cure of Lachine, who refused him abso- 
lution on the pretext that he had sold brandy to the Indians. Rolland 
betook himself to a Jesuit father, Fremin, at Laprairie, who heard his 
confession, and gave him a certificate, which he sent to Guyotte; but 
Guyotte the following Sunday declared him excluded from the com- 
munion of Christians. In November, 1676, Rolland went to church 
to hear mass, but was ordered out by the cure, and at length forcibly 
ejected as an excommunicate. Here the story ends. Frangois Perrot, 
governor of Montreal in Frontenac's time, was also accused of selling 
brandy to the Indians; this story is well and entertainingly told. In 
1714 a complaint was made on behalf of a young girl against the Recollet 
cure of Three Rivers, who had charged her with obtaining from the 
celebrated Dr. Sarrazin medicines to relieve her pregnancy. The story 
is told of the extraordinary case of the marriage, in 1711, of Paul de 
Monthel6on, recently arrived from Paris, who could not prove that he 
was not already married, who was therefore denied the marriage cere- 
mony with his fiancee, Marie-Anne-Joseph de Lestringan de Saint- 
Martin, but declared in presence of witnesses that he took her as his 
wife, and thereafter they lived as man and wife, until forbidden so to 
do by the Council. Subsequently the recalcitrant received a letter 
from his mother, setting out that he had not been previously married, 
and giving her consent to marriage with Marie- Anne- Joseph, when, 
upon verification of the letter, the two lovers were sent before the grand- 



REVIEW OF BOOKS 199 

vicaire, there to contract a marriage with the formalities required by the 
Church and the law of the realm. And so we may hope that the bizarre 
"mariage a la gaumine" ended happily after all. 

It would be impossible even to indicate the treasures, legal, historical, 
and literary, of this learned, and at the same delightful, work. Every- 
one will not agree in all of the author's statements; the present writer 
cannot; but all will agree that his views are courteously and carefully 
stated, that his quotations of the authorities are accurate and to the 
point, and that there is nothing that savours of intolerance or unfairness. 

The unfortunate "defenderesse," the Jewess who had divorced her 
husband in Russia, comes in for a crack now and then, but the blows are 
meant not for her, but for the arguments of her counsel ; if it is suggested 
that she will "sans doute" veil her face in the presence of an act so dis- 
loyal as the Church of England establishing "une officialite" in Canada, 
it is simply, crede experto, the judicial way of telling counsel not to make 
fools of themselves. 

The book is well printed; and the proof has been carefully read. 
The only errors which have met the eye are trivial : quam for quern, qui 
for qua, a few letters left out in the French and English texts, and the 
like. 

It is to be hoped that other judges who have made an exhaustive 
investigation into a legal question may be induced to follow the example 
of Mr. Justice Bruneau ; we have all too few of such works. There must 
be many instances of research in which it is impossible to set out the 
result in a legal judgment; the present writer has, within the year, read 
many scores of documents in the Public Archives of Canada and else- 
where, to determine a legal question, but could not set out in the judg- 
ment a fiftieth part of the information so obtained. 

WILLIAM RENWICK RIDDELL 

Jean-Daniel Dumas, Le Heros de la Monongahela: Esquisse Biographique. 
Par FRANCIS- J. AUDET. Montreal: G. Ducharme. 1920. Pp.135. 
IN part, this brief sketch is controversial. The point at issue is not 
connected directly with the life of Dumas, but only with the information 
his correspondence gives concerning the question as to who was actually 
commandant of Fort Duquesne at the time of Braddock's defeat. 
This distinction has been assigned to the Sieur de Beaujeu by both 
Shea and the Abb Daniel. M. Audet thinks that both writers have 
accepted uncritically evidence furnished them to this effect by the 
Beaujeu family, among whom the claim for the Sieur de Beaujeu is 
held as a family tradition. Neither Shea nor the Abb6 Daniel made use, 
it is alleged, of the official correspondence relating to the campaigns in 



200 THE CANADIAN HISTORICAL REVIEW 

the Ohio Valley. In the reports from the French side is a letter, which 
M'. Audet reproduces, from Dumas to the Minister of the Marine, 
written by Dumas the year after his defeat of Braddock. The unequi- 
vocal reference in this letter to M. de Contrecoeur as the actual com- 
mandant of the fort, would seem to show that M. de Contrecoeur had 
not by then relinquished his command; although the Sieur de Beaujeu 
had been gazetted as his successor, and was waiting to relieve him at 
the time of Braddock's advance. To this sjight extent M. Audet feels 
he must discount the over-reaching claim put forward in behalf of the 
Sieur de Beaujeu. As between M. de Contrecoeur, the Sieur de Beaujeu, 
and M. Dumas, and the part each took in the victory of the Monongahela, 
M. Audet's work now makes a more accurate appraisal possible. 

Occasionally M. Audet betrays a resentful partiality. To the Eng- 
lish advance to the Ohio he gives the character of an unjustifiable 
"invasion." The death of the Sieur de Jumonville at the hands of 
Washington's detachment, becomes an "assassination," even though 
Garneau, whose narrative M. Audet otherwise follows, is careful to 
balance the French by the English version of that episode. The ex- 
clamation in connection with the campaigns of the Seven Years' War, 
that "L'Angleterre a tou jours pratiqud la maxime qui veut que la 
victoire aille aux gros bataillons," reads like a gratuitous and meaningless 
comment; unless it is intended as an untoward reflection upon the ethics 
of the English case in the war, on which assumption it is superfluous. 

The explanation suggested for the naming of Fort Granville that 
it was so called after George Granville, "Vicomte d?e Lansdowne" (p. 78) 
involves an obvious confusion. The Geqrge Granville referred to was 
only Baron Lansdowne. There were, however, contemporary with 
him three Viscounts Granville of Lansdown, a different peerage, 
whose primary title was Earl of Bath; but not one of these bore the 
Christian name of George. 

As the biographer of Dumas, M. Audet traces with minute care the 
services of an officer whose achievement in the Ohio Valley and through- 
out the Seven Years' War was well worth the individual recognition 
that this sketch will now accord him. Of particular interest is a mem- 
orandum, drawn up by M. Dumas in 1761, on the proposed frontiers of 
Canada, for the guidance of the French plenipotentiaries who were to 
negotiate the forthcoming general peace. M. Audet gives the text in 
full at the end of this volume. The insistence with which M. Dumas 
urges the imperative necessity of confining the English to the Atlantic 
side of the Appalachian watershed, is -a view that bears pointedly on 
the discussiohg arising out of the disposition of the Ohio and Missis- 
sippi Valleys tpwards the end of the war. C. E. FRYER 



REVIEW OF BOOKS 201 

i 

The History of the Post Office in British North America, 1639-1870. By 
WILLIAM SMITH. Cambridge: The University Press. Toronto: 
The Macmillan Co. 1920. Pp. ix, 356. (21sh.) 

THIS important volume travels far beyond the beaten paths of Canadian 
history. It opens up a new and interesting field o/ information and 
research. At the same time, it throws much light on the political and 
economic life of the country; although it does so from angles for the most 
part quite unfamiliar, but therefore all the more interesting and instruc- 
tive. Several of the more prominent figures in the volume, such as 
Sutherland and Stayner Canadian deputies of the British Post-Master- 
General are scarcely known to Canadian students, while other deputies, 
such as Finlaly in Quebec, and the Howes in Nova Scotia, are well- 
kribwn figures in Canadian history. 

The volume covers a broader field than the title might indicate. 
The author interprets "British North America" as including the British 
period of the older colonies which, in virtue of the Revolution, became 
the United States. In this connection much falls to be related con- 
cerning that well-known and much appreciated deputy of the British 
Post-Master-General, Benjamin Franklin. The historical treatment of 
the pre-revolutionary postal service in the American colonies is both 
interesting and valuable, although occasionally the author is unable to 
resist the temptation to wander into fields which have but a remote 
connection with the postal service. This is particularly true of the 
treatment of the early stages of the revolutionary struggle, when it is 
sometimes uncertain whether the author is writing the history of the 
postal service or expounding his views of the rights and wrongs of the 
disputes with the Mother Country. What is very essential, however, 
and what the earlier chapters bring out quite fully, is the development 
of the control by the imperial government of the official postal service 
of the North American colonies. This system was automatically 
extended to Canada after the conquest by Franklin himself, as deputy of 
the British Post Office. His visit to Canada to establish branch offices 
led to his practical acquaintance with the situation oi the colony, which 
in turn led to his connection with the nearly successful efforts to include 
Canada in the revolutionary secession. This is merely a sample of 
how such new lines of research may throw additional light on the more 
familiar fields of history. It so turned out that the British system of 
postal control and administration, established urtfler the conditions in 
the American colonies, passed to Canada arid was continued there for 
about three-quarters of a century alter it disappearance in the original 
colonies. 

In the third chapter is given a very general sketch, with little or no 



202 THE CANADIAN HISTORICAL REVIEW 

detail, of the means of communication in Canada during the French 
period. What is given has reference m-ainly to the establishment of the 
few, and for a lojng time very imperfect high-way routes within the colony. 
Along these, somewhat irregular establishments known as "postes" 
were provided for the supply of post horses by the maitres de paste 
under the superintendence of the grande voyer for the forwarding of 
vehicles and passengers. Incidentally, of course, correspondence 
might pass in this way, but the forwarding of letters was chiefly under- 
taken by the official messengers. Even the pastes, however, were not 
regularly established until well into the eighteenth century. The author 
seems to be unaware of the fact that during the intervals of peace between 
the British and French colonies, in the winter season when there was a 
long interruption of direct communication with France, official dispatches 
and other letters not infrequently passed via the American colonies, 
apparently through arrangements made in London. Thus we find, from 
time to time, that in acknowledging dispatches the Canadian officials 
refer to their being received by way of New York or Boston. After the 
Treaty of Utrecht we find Va<udreuil reporting that he had sent three 
copies of certain papers through New England by three different routes. 
The merchants also serft correspondence through the British colonial 
ports, chiefly via Albany, with which trade communication was constant 
though technically illicit. 

During the period of the revolutionary war communication with 
Nova Scotia became more independent and frequent, concerning both 
the Maritime districts and Canada. For some time after the indepen- 
dence of the United States, their attitude towards Canada was inclined 
to be arbitrary and unaccommodating, hence the necessity for finding, 
if possible, permanent routes of communication between Britain and 
the remaining colonies. This led to a closer, though difficult, connection 
between the Canadian and Maritime provinces, at least during the winter 
when the St. Lawrence was closed. Later, the Americans adopted a 
more accommodating and even friendly disposition, especially as re- 
gards postal communication. Hence after several attempts to rehabili- 
tate the Halifax postal route, both the British and Canadian authorities 
recognized that it was impossible to maintain it in the face of the very 
superior facilities and favourable rates offered by the American routes. 
Many interesting details are furnished as to the various stages in this 
development. 

Naturally much of the volume is occupied with very full and authentic 
accounts of the relations between the British postal authorities and the 
British American service over which they had complete control by sea 
and land. These details illustrate in a very instructive manner, and in 



REVIEW OF BOOKS 203 

quite an independent field from that usually surveyed, the unavoidable 
difficulties which arise from the control of an essentially public service 
by distant officials, unacquainted with local conditions, and naturally 
jealous of their powers and authority. The local deputies of the Post- 
Master-General had naturally to bear the brunt of all the criticism which 
arose from such conditions. When they did not respond to local de- 
mands, sometimes just and reasonable though as often extravagant or 
impossible, they were roundly denounced for what, under the best of 
circumstances in a new country under process of settlement, could not 
be otherwise than an inadequate service. When, however, they took 
upon themselves to meet, as far as possible, the more reasonable of the 
pressing needs, they were apt to be severely called to task by their official 
chiefs for exceeding the letter of their instructions. At the same time 
the most urgent remonstrances and recommendations of a deputy were 
apt to lie long unregarded, or suspected of undue bias towards local 
demands. In postal matters, as in other affairs of state, the difficulties 
between representatives of the home government and the popular forces 
were more acute in the Canadas than in the Maritime provinces. There 
was the additional factor that in the maritime provinces the Howes 
father and son were more intimately in touch with the executive gov- 
ernment on the one hand and the popular element on the other, through 
their control of the chief organs of public opinion. As between the Howe 
newspapers, however, and their rivals there was much bitter controversy 
over their exercise of the postal patronage. In the Canadas, on 
the other hand, the deputy of the British Office was not very closely 
identified with either pajrty in the general political conflict. The very 
neutrality maintained, for instance, by the Toronto post-master, James 
Howard, led to his dismissal through the intervention of Lieutenant- 
Governor Bond Head, who would not tolerate an official who was not a 
pronounced partisan on his side. An interesting variation on the steady 
conflict between the executive government and the general populace 
during the period of alleged irresponsible government, is found in a 
very sharp conflict between the Deputy-Post-Master-General, George 
Heriot, and the Governor, Sir Gordon Drummond. These sharp differ- 
ences between two arms of the same imperial authority serve to indicate 
that the fundamental difficulties of long-distance administration by 
an arbitrary power not dependent on the suffrages of the people, is not 
due to the natural antagonism between the radical and conservative 
forces in society. It is obviously due to a lack of compensating condi- 
tions as between two irresponsible forces such as an irresponsible 
executive authority on the one hajid and an equally irresponsible popular 
demand on the other. 



204 THE CANADIAN HISTORICAL REVIEW 

One of the most unreasonable positions adopted by the British 
postal authorities, but one to which they clung with great obstinacy, 
was that every extension of the postal service in British America must 
show its capacity to meet the expenses incurred. At the same time little 
or no assistance towards the development of new routes was granted 
from the surplus revenue derived from many of the older and more 
populous sections. The profits from these were steadily remitted to 
London. By custom, also, the Deputy- Post-Master-General was allowed 
to deal with newspaper postage in a quite arbitrary manner and to 
pocket the proceeds as a personal perquisite. These conditions furnished 
a basis for systematic attacks on the postal service, beginning in the 
twenties and continued with varying intensity until the transfer of 
control from the imperial to the provincial governments in 1847. This 
was the direct outcome of the new attitude of the British government 
towards free trade and colonial administration. Thereafter the career 
of the Canadian Post Office is one of domestic history. 

Needless to say, the difficulties of the situation were by no means all 
removed, while, so far as they were, new difficulties arose to take their 
places. But the criticism formerly directed against the home govern- 
ment and its provincial officials was now directed by the public against 
their own representatives. The chief problems to be met in the domes- 
tic control of the postal service, at first under the separate provinces 
and afterwards under Confederation, turned on such matters as its 
connection with the railway and steam-ship services, the reduction of 
postal rates, and the organization of new districts as in the North-west. 

While all difficulties with the home government as to domestic 
features were removed in the transfer of the service to the provincial 
governments, there remained considerable grounds for negotiation and 
sometimes for more or less sharp controversy, over the ocean service 
and its subsidies. These matters were complicated as usual by differ- 
ences of interest and attitude towards the American ports and routes. 
Such features are all treated very fully and with the usual authorative 
references to original documents. 

The only criticism one has to make of the work has reference to the 
arrangement of the materials. There is a somewhat distressing jump- 
ing backwards and forwards in the treatment of details. Through quite 
unimportant associations of ideas, matters are dragged in, with con- 
siderable detail, before their time, while other matters which should have 
been treated in their contemporary setting are left to be dealt with as 
after-thoughts, and thus interrupt the normal development of the subject. 
This leads also to much repetition, not by reference to past treatment, but 
in the restating of facts in similar language. 



REVIEW OF BOOKS 205 

Apart from such minor defects, however, the volume is a very 
valuable and authoritative contribution to a subject never before ade- 
quately treated, and is likely to continue for many years to be the 
standard work of reference on Canadian postal history. 

ADAM SHORTT 

The Canadian Front in France and Flanders. Painted by INGLIS SHEL- 
DON-WILLIAMS; described by RALF FREDERICK LARDY SHELDON- 
WILLIAMS. London: A. and C. Black. 1920. Pp. xiv, 208. 
(25 sh.) 

THE general effect of this descriptive account of the Canadian battle- 
fields overseas is pleasing. Author and illustrator have much in com- 
mon. Neither perhaps has much that is new to say, but neither is 
harsh or strident. If the artist's typical infantryman is more of a 
Cockney than a Canadian, the writer's outlook too seems English rather 
than cis-Atlantic. Internal evidence suggests that the latter's first- 
hand knowledge of the front probably dates from the arrival of the 
Fourth Division, he was certainly at Vimy, the description of which is 
the best thing in the book, but he has been at considerable pains to 
write accurately of what he did not see, even if he has over-reached him- 
self by adopting eccentric spellings like Paaschendaele and Zonnebek. 
Altogether the book is a pleasant discourse about life in the ranks by a 
sergeant who certainly ought to have been in the officers' mess, and 
may be described as the kind of war-book that does not need an index 
(and of course has one). 

The Fur Trade of America, By AGNES C. LAUT. New York: The 
Macmillan Company. 1921. Pp. xv, 341; illustrations. ($6.00.) 
Miss LA\JT'S book on the fur-trade is in no sense historical; but, as 
a popular account of what the author describes as "one of the best 
untold stories of American adventure in the wilds and in industry," 
it deserves at least brief mention here. It is divided into two parts, 
the first of which deals with the various kinds of furs, and the second 
with some phases of the process whereby these furs are brought into the 
market. One chapter, for instance, is devoted to the Hudson's Bay 
Company, "the greatest fur company of the world"; others describe the 
life of the trapper, and the ways of the Indians. At the end of part I, 
there is an appendix containing a summary of "the fur laws of all the 
States and all the Canadian Provinces." Unfortunately, there is no 
index, a fact which is the more regrettable since the arrangement of 
materials in the book is somewhat haphazard. 



RECENT PUBLICATIONS RELATING TO CANADA 

(Notice in this section does not preclude a more extended review later.) 

I. THE RELATIONS OF CANADA TO THE EMPIRE 

FISHER, Right Hon. HERBERT. Studies in History and Politics. Oxford: Clarendon 
Press. 1920. Pp. 213. 

Contains an essay, originally prepared as a public lecture in 1915, on "Imperial 
Administration." 

FREWEN, MORETON. The Structure of Empire Finance (Nineteenth Century and 
After, November, 1920, pp. 870-887). 

An important and suggestive paper, in which the possibility is discussed of 
solving the financial problems of the British Empire by lending the credit of the 
Empire to aid in the development of its natural resources. 

GALT, Hon. A. C. Appeals to the Privy Council (Canadian Law Times, March, 1921, 
pp. 168-172). 

A plea for the retention by Canada of the Judicial Committee of the Privy 
Council as a final court o r appeal. 

KEITH, A. BERRIEDALE. Dominion Home Rule in Practice. (The World of To-Day: 8.) 
Toronto: Oxford University Press. 1921. Pp. 53. (2sh. 6d.) 

Reviewed on page 194. 
'LYONS, VYVYAN ASHLEIGH. Wages and Empire. London: Longmans, Green & Co. 

1920. Pp. 96. 

A little book which advocates "raising a protective fence to embrace in one 
area the United Kingdom, Canada, Australia, and New Zealand." 
MARRIOTT, J. A. R. The Organization of the Empire (Edinburgh Review, April, 

1921, pp. 218-237). 

A discussion of the problem of the government of the British Empire, with 
which, according to Mr. Marriott, the forthcoming meeting of "the Imperial 
Cabinet" is called to deal. 

SCOTT, JAMES BROWN (ed.). Autonomy and Federation within Empire: The British 
Selj "-Governing Dominions. (Carnegie Endowment for International Peace, 
Division of International Law: Pamphlet Series, No. 33.) Washington: Carnegie 
Endowment for International Peace. 1921. Pp. xvi, 362. (Gratis.) 

Reviewed on page 196. 

II. HISTORY OF CANADA 

(1) General History 

BABCOCK, W. H. Recent History and Present Status of the Vinland Problem 
(Geographical Review, April, 1921, pp. 265-282). 

A valuable and authoritative review of the recent literature relating to the 
Vinland controversy. 

(2) The History of New France 

AUDET, FRANCIS J. Jean-Daniel Dumas, Le Heros de la Monongahela: Esquisse 
Biographique. Montreal: G. Ducharme. 1920. Pp. 134. 
Reviewed on page 199. 

206 



RECENT PUBLICATIONS 207 

(ed.)- Les habitants de la ville de Quebec en 1769-1770 (Bulletin 

des recherches historiques, vol. xxvii, No. 3, pp. 81-88). 

A most interesting report of the chief chimney-sweep of Quebec for 1769- 
1770, giving the names and addresses of the inhabitants of the city, and consti- 
tuting in fact the only sort of directory for that period that we possess. 
BOISHEBERT, M. DE. Journal de ma campagne de Louisbourg (Bulletin des recherches 
historiques, vol. xxvii, no. 2, pp. 48-53). 

An interesting report, drawn from the Public Archives of Canada, describing 
the work of a detachment sent from Quebec to Cape Breton in 1758. 
BROSHAR, HELEN. The First Push Westward of the Albany Traders (Mississippi Valley 
Historical Review, vol. vii, no. 3, pp. 228-241). 

An admirable study of one phase of the struggle between the English and the 
French for supremacy in the Old North- West in the latter part of the seventeenth 
century. 

CHASSAIGNE, M. Un Mattre des Requites, Lieutenant-General des Armees du Roi M. 
de la Barre, aux Antilles (Revue des etudes historiques, July, 1920). 

New light on the career of Le Febvre de la Barre, who was governor of New 
France from 1682 to 1685. 

GROULX, abbe LIONEL. Chez nos ancetres Montreal: Bibliotheque de 1'Action 
francaise. 1920. Pp. 102. (50c.) 

A series of sketches, originally couched in the form of public lectures, des- 
criptive of various aspects of the daily life of the inhabitants of Canada under the' 
French regime. 

MASSICOTTE, E. Z. Jours gras Mardi gras Mercredi des Cendres: Moeurs et coutumes 
d'autrefois (Bulletin des recherches historiques, vol. xxvii, no. 3, pp. 89-94). 
Notes on the social history of French Canada. 

. Les chirurgiens de Montreal au XVIIe siecle (Bulletin des recherches 

historiques, vol. xxvii, No. 2, pp. 41-47). 

A list of surgeons in Montreal during the seventeenth century, with such 
biographical details as the author has been able to discover. 

. Les medecins, chirurgiens, et apothicaires de Montreal, de 1701 a 1760 

(Bulletin des recherches historiques, vol. xxvii, no. 3, pp. 75-80). 

A list of the medical practitioners in New France from 1701 to 1760, with 
biographical details about each. 

Nos chansons historiques: La perte du Canada (Bulletin des recherches 



historiques, vol. xxvii, no. 1, pp. 30-32). 

Two hitherto unpublished French-Canadian chansons having reference to the 
Conquest of Canada in 1760. 

ROY, P. G. Francois Provost, appartenait-il au regiment de Carignan? (Bulletin des 
recherches historiques, vol. xxvii, No. 1, pp. 20-21). 

A supplement to the list of officers of the Carignan regiment printed by Mr. 
Benjamin Suite in the Transactions of the Royal Society of Canada for 1900. "Nous 
ne connaissons peut-ltre pas la moitie des officiers de ce corps d'elite." 

. Inventaire des insinuations du Conseil Souverain de la Nouvelle- 

France. (Archives de la Province de Quebec.) Beauceville: L'Eclaireur, 
Limitee. 1921. Pp. 325. 

Reviewed on page 138. 
. Inventaire des ordonnances des Intendants de la Nouvelle France con- 



servees aux archives provinciales de Quebec, (Archives de la Province de Quebec.) 



208 THE CANADIAN HISTORICAL REVIEW 

Quatre volumes. Beauceville; L'Eclaireur, Limitee. 1919. Pp. vi, 296; 304; 
296; 242. 

Reviewed on page 138. 

Inventaire d'une collection des pieces judiciaires, notariales, etc., etc., 



conservees aux archives judiciaires de Quebec. (Archives de la Province de Quebec.) 
Deux volumes. Beauceville: La compagniede "L'Eclaireur." 1917. Pp. iv, 585. 
Reviewed on page 138. 

Les conseillers au Conseil Souverain, portaient-ils la robe ecarlate? 



(Bulletin des recherches historiques, vol. xxvii, no. 2, pp. 59-62). 

A note regarding the costume of the members of the Sovereign Council of 
New France. 

Les deux capitaines Dorvilliers (Bulletin des recherches historiques, 



vol. xxvii, no. 2, pp. 33-40). 

An attempt to disentangle the careers of two captains of the same name, 
father and son, who served in New France at the end of the seventeenth century, 
and whom historians have frequently confused the one with the other. 

(ed.). Lettres de noblesse, genealogies, erections de comtes et baronnies, 



insinuees par le Conseil Souverain de la Nouvelle- France. (Archives de la Province 
de Quebec). Deux volumes. Beauceville: L'Eclaireur, Limitee. 1920. Pp.282; 
259. 

Reviewed on page 138. 

SULTE, BENJAMIN. Au nord-ouest, 1744-1749 (Bulletin de la Societe de Geographic de 
Quebec, vol. 14, no. 6, pp. 344-347). 

Some notes on the successors of La Verendrye in the western fur-trade. 
WOOD, GEORGE ARTHUR. William Shirley, Governor of Massachusetts, 1741-1756: 
A History. Vol. I. Submitted in partial fulfillment of the requirements for the 
degree of doctor of philosophy in the Faculty of Political Science, Columbia Univer- 
sity. New York. 1920. Pp. 433. 

To be reviewed later. 

(3) The History of British North America to 1867 

FORTESCUE, Hon. J. W. A History of the British Army. Vols. IX (1813-1814) and 
X (1814-1815), with a separate volume containing thirty-one maps and plans. 
London: Macmillan and Co. 1920. Pp. xxvi, 534; xviii, 458. (4, 4sh.) 

To be reviewed later. 

MASSICOTTE, E. Z. Papineau et la chanson (Bulletin des recherches historiques, 
vol. xxvii, no. 1, pp. 22-23; No. 2, pp. 54-58). 

Three hitherto unpublished French-Canadian chansons having reference to 
Papineau. 

SEVERANCE, FRANK H. (ed.). Service of Capt. Samuel D. Harris: Sketch of his Military 
Career as Captain in the Second Regiment of Light Dragoons, during the War of 1812 
(Publications of the Buffalo Historical Society, vol. xxiv, pp. 327-342). 

A hitherto unprinted memoir descriptive of the part played in the War of 1812 
by an American officer who "was present in all the principal skirmishes and battles 
inclusively, from that of Chrystler's field to the assault on Fort Erie." 

(4) The Dominion of Canada 

BRYCE, Right Hon. Viscount. Modern Democracies. Two vols. New York: 
The Macmillan Company. 1921. Pp. xiv, 508. ($10.50.) 
To be reviewed later. 



RECENT PUBLICATIONS 209 

CANADIAN RECONSTRUCTION ASSOCIATION. The Nonpartisan League in North Dakota: 
A study of class war and its disastrous consequences, together with a comparison of 
bank services in Canada and Western States. [Toronto: 1921.] Pp. 96. (Gratis.) 

Contains an account of the growth of "Townleyism" in Canada. 

GOSNELL, R. E. Indians and Indian Affairs in Canada (Canadian Magazine, vol. Ivi, 
no. 5, pp. 381-386; no. 6, pp. 480-483: vol. Ivii, no. 1, pp. 39-43). 

A discussion of the grievances at present agitating the Indians of Canada. 
LONGLEY, Hon. J. W. Great Canadians I have Known (Canadian Magazine, vol. Ivii, 
no. 1, pp. 54-65). 

Reminiscences of Joseph Howe, Sir John Macdonald, Sir Charles Tupper, 
Edward Blake, Sir Wilfrid Laurier, Alexander Mackenzie, and Sir John Thompson. 
POWELL, ELLIS T. The Spirit of Canada (United Empire, February, 1921, pp. 86-100). 
A paper read before the Royal Colonial Institute by a delegate to the Imperial 
Press Conference of 1920, summarizing his impressions of Canada. 
POWER, Senator L. G. The Second Chamber (Canadian Magazine, vol. Ivi, no. 6, 
pp. 544-545). 

A proposal for the application of the elective principle to the Senate of Canada. 
THOMPSON, BRAM. Parliamentary Divorce in Canada (Canadian Law Times, April, 
1921, pp. 255-265). 

A plea for "a general Law of Divorce for the Dominion of Canada." 

(5) The History of the Great War 

[MACPHERSON, J. S. B., and others.] Canada in the Great World War: An Authentic 
Account of the Military History of Canada from the Earliest Days to the Close of the 
War of the Nations. Vol. vi: Special Services, Heroic Deeds, etc. Toronto: United 
Publishers of Canada. [1921.] Pp. viii, 393. 
To be reviewed later. 

PRINCE, SAMUEL HENRY. Catastrophe and Social Change, based upon a sociological 
study of the Halifax disaster. Submitted in partial fulfilment of the requirements 
for the degree of doctor of philosophy in the Faculty of Political Science, Columbia 
University. New York. 1920. Pp. 151. 

An examination of the sociological effects of the disastrous explosion in Halifax 
harbour in December, 1917. 

[UNITED STATES:] NAVY DEPARTMENT, HISTORICAL SECTION. German Submarine Act- 
ivities on the Atlantic Coast of the United States and Canada. (Publication Number I.) 
Washington: Government Printing Office. 1920. Pp. 163. 

"The preparation of the data for this article has occupied the time of a large 
part of the personnel of the Historical Section of the Navy Department for several 
months." 

III. PROVINCIAL AND LOCAL HISTORY 

(1) The Maritime Provinces 

EATON, ARTHUR WENTWORTH HAMILTON. Chapters in the History of Halifax, Nova 
Scotia. No, xvi: The Great Tragedy of 1917 (Americana, vol. xv, no. 1, pp. 38-53). 
An account of the explosion in Halifax harbour on December 6, 1917, which 
wrecked a part of the city. 

EDWARDS, JOSEPH PLIMSOLL. The Public Records of Nova Scotia: Their History and 
Present Condition. Published by order of the Legislature of Nova Scotia. Halifax, 
N.S.: King's Printer. 1920. Pp.20. 

A summary of the history of the provincial archives of Nova Scotia, together 
with an account of their present contents. 



210 THE CANADIAN HISTORICAL REVIEW 

(2) The Province of Quebec 

BRUNEAU, A. A. Question de Droit: Du Manage. Montreal: G. Ducharme. 1921. 
Pp. 290. ($5.00.) 

Reviewed on page 197. 

CARON, abbe IVANHOE. John Black (Bulletin des recherches historiques, vol. xxvii, 
no. 1, pp. 3-19). 

A biographical sketch of a Scottish shipbuilder who was elected a member of 
the legislative assembly of Lower Canada in 1796, and who was the author of a 
memoir on the government of Canada. 

LECOMPTE, R. P. EDOUARD, S. J. Nos Voyageurs. Quebec: chez Garneau. 1920. 
Pp. 212. 

An account of the history of the "Association Catholique des Voyageurs de 
Commerce." 

LEDUC, le Pere. Beauharnois. Ottawa: Imprimerie d'Ottawa. 1920. Pp. 340; 
illustrations. 

A copiously illustrated souvenir volume commemorating the centenary of the 
founding of the parish of Beauharnois. 

LINDSAY, Mgr L. Glanes historiques: Une leltre inedite de Louis Veuillot (Canada 
Frangais, vol. vi, No. 1, pp. 18. 

An essay the last to come from the pen of the late Mgr Lindsay throwing 
light on an episode in Canadian historiography now almost forgotten, the contro- 
versy over the abbe Brasseur de Bourbourg's Histoire du Canada (Paris, 1852). 
MALCHELOSSE, GERARD. Genealogie de la Famille Otis, Branche Canadienne. Mon- 
trfcal: G. Ducharme. 1921. Pp. 86. 

A genealogical study of a French-Canadian family which traces its descent to 
a New England family named Otis, some of the members of which were brought up 
to Canada as captives by the Indians, after the raid on Dovers, New Hampshire, 
in 1689. 

ROY, P. G. La seigneurie de Bellechasse ou Berthier (Bulletin des recherches histori- 
ques, vol. xxvii, no. 3, pp. 65-74). 

A sketch of the history of one of the oldest of the seigniories in Lower Canada. 

(3) The Province of Ontario 

FRASER, ALEXANDER. Fifteenth Report of the Bureau of Archives for the Province of 
Ontario, 1918-1919. Printed by order of the Legislative Assembly of Ontario. 
Toronto: The King's Printer. 1920. Pp. xix, 782. ' 

To be reviewed later. 

HOUGHTON, FREDERICK. The History of the Buffalo Creek Reservation (Publications 
of the Buffalo Historical Society: Volume xxiv, pp. 1-181). 

An extended study of the local history of part of the Niagara frontier. 
KIRKCONNELL, WALTER. Kapuskasing An Historical Sketch (Queen's Quarterly, vol. 
xxviii, no. 3, pp. 264-278.) 

An account of the history of the Kapuskasing Settlement in New Ontario 
by the former adjutant of the Kapuskasing Internment Camp. 

RIDDELL, Hon. W. R. William Osgoode, First Chief Justice of Upper Canada 1792- 
1794 (Canadian Law Times, April, 1921, pp. 278-289). 

A biographical sketch, based on the Osgoode MSS. in the possession of the Law 
Society of Upper Canada, as well as on other hitherto unpublished original materials. 
ROBINSON, J. OTHMAR. Ontario's Farmer Government (National Municipal Review, 
October, 1920, pp. 636-642). 




RECENT PUBLICATIONS 211 

A brief account of the history of the Farmers' movement in Ontario, by a 
member of the staff of the Citizen's Research Institute of Canada. 
SQUAIR, JOHN. The Temple of Peace: David Willson of Sharon (Women's Canadian 
Historical Society of Toronto: Transaction No. 20, pp. 46-52). 

An account of a religious enthusiast who settled in 1802 in the townships of 
East Gwillimbury in Upper Canada, together with an account of the literature 
dealing with him and his sect. 

WENTWORTH HISTORICAL SOCIETY. Papers and Records: Volume Nine. Hamilton, 
Ont. 1920. Pp. 56. 

Contains two papers by Mr. Stanley Mills, one entitled "Genealogical Record 
of the Mills' Family," the other "The Gage Family," and a paper by Mr. Justus 
A. Griffin, entititled "A Pioneer Family The Ancestry and Descendants of 
Richard Griffin, of Smithville, Ont." 

(4) The Western Provinces 

HOWAY, F. W. Authorship of the Anonymous Account of Captain Cook's Last Voyage 
(Washington Historical Quarterly, January, 1921, pp. 51-58). 

Ah inquiry into the authorship of the anonymous and first complete account of 
Captain Cook's last voyage, in which the view is advanced from internal evidence 
that the journal was written by John Rickman, the second lieutenant, first on the 
Discovery, and then on the Resolution. 

LONG, MORDEN H. Knight Err ants of the Wilderness: Tales of the Explorers of the 
Great North-West. Toronto: The Macmillan Co. 1920. Pp. 223; maps and" 
illustrations. ($1.35.) 

A popular presentation of the story of the explorers of Western Canada. 
MEANY, EDMOND S. (ed.). New Log of the Columbia, by John Boit (Washington Histor- 
ical Quarterly, January, 1921, pp. 3-50). 
To be reviewed later. 

IV. GEOGRAPHY, ECONOMICS, AND STATISTICS 

BURWASH, E.M. Orogenic and Physiographic History of the Rockies (Canadian Alpine 
Journal, 1920. Pp. 110-120). 
A brief historical outline. 

CAMERON, CHARLOTTE. A Cheechako in Alaska and Yukon. London: Fisher Unwin. 
1921. Pp. 291; illustrations. (25sh.) 

A book of description and travel, excellently illustrated. 

CHICANOT, E. L. Canada's Change of Attitude toward British Immigrants (United 
Empire, April, 1921, pp. 218-220) 

A comparison of the Canadian attitude toward British immigration to-day 
with that which existed a decade or more ago, when the warning, "No Englishman 
need apply," was in vogue in certain quarters. 

'UPRE, FRANC. ois J., et NOVILLE, H. DE. Le Canada Illustre. Paris: Louis "MTchaud. 
[1920.] Pp. 343. (30 fr.) 

A copiously illustrated, but not very accurate, description of Canada's history, 
geography, resources, etc. 

FROIDEVAUX, HENRI. Les districts provisoires des Territoires du Nord-Ouest canadien 
(La Geographic, Mars, 1921, pp. 278-281). 

A note on the political geography of the Canadian North-west, with special 
reference to the districts of Mackenzie, Keewatin, and Franklin. 



212 THE CANADIAN HISTORICAL REVIEW 

FYNN, VAL A. First Ascent of ML King George (Canadian Alpine Journal, 1920, 
pp. 28-48). 

The story of the conquest of one of the peaks of the Royal Group of the Cana- 
dian Rockies. 

HICKSON, J. W. A. A Mountaineering Trip to the British and French Military and 
Assiniboine Groups (Canadian Alpine Journal, 1920, pp. 9-27). 

An illustrated account of mountain-climbing in the Rocky Mountains. 
HOWELL, GEORGE. The Petroleum Resources of the British Empire (United Empire, 
March, 1921, pp. 170-182). 

A paper, by the secretary of the Institute of Petroleum Technologists, devoting 
much attention to the possibilities of the Canadian oil and gas fields. 
I., N. R. Canada's Estate (Canadian Magazine, vol. Ivi, no. 6, pp. 471-479). 

An account of the chief material resources of the Dominion of Canada. 
LAMB ART, H. F. J. Notes on the Klutlan Glacier and Glaciers of the Pacific Coast Ranges 
through Canada and Alaska (Canadian Alpine Journal, 1920, pp. 147-155). 

"Observations and studies derived from one summer spent on the Klutlan 
Glacier, which crosses the International Boundary Line eighty miles north of 
Mount St. Elias the corner-stone of the Canada-Alaska Boundary Line." 
LAUT, AGNES C. The Fur-Trade of America. Toronto: The Macmillan Co. 1921. 
Pp. xv, 341; illustrations and appendices. ($6.60.) 

Reviewed on page 205. 

MICKLE, S. (ed.). The Hudson Bay Expedition in Search of Sir John Franklin (Women's 
Canadian Historical Society of Toronto: Transaction No. 20, pp. 11-45). 

Reproduction of the hitherto unpublished journal of James Anderson, the 
commander of the expedition sent out in search of Sir John Franklin by the Hud- 
son's Bay Company in 1855. 
SAINT-PIERRE, ARTHUR. La Question ouvriere au Canada. Montreal. 1921. Pp. 72. 

A pamphlet on the labour problem in Canada. 

SANSON, N. B. Climatology of the Main Range and the Selkirks, Rocky Mountains of 
Canada, along the Line of the Canadian Pacific Railway (Canadian Alpine Review, 

1920, pp. 156-181). 

A study of the climate of the Rocky Mountains. 
STEFANSSON, VILHJALMUR. Plover Land and Borden Land (Geographical Review, April, 

1921, pp. 283-291). 

A discussion of the question whether Borden Land, seen by members of the 
Karluk expedition from Wrangell Island in the Arctic, is identical with the Plover 
Land seen in the same vicinity by Kellett in 1850; and whether either Borden Land 
or Plover Land really existed. 

WHEELER, A. O. Notes on the Glaciers of the Main and Selkirk Ranges of the Canadian 
Rocky Mountains (Canadian Alpine Journal, 1920, pp. 211-164). 

Observations derived from the author's photo-topographical surveys in the 
Rocky Mountains during the past "twenty years." 

. The Application of Photography to the Mapping of the Canadian Rocky 

Mountains (Canadian Alpine Journal, 1920, pp. 76-96). 

An account of the development of the science of photo-topography or photo- 
graphic surveying in Canada. 

YEIGH, FRANK. The Beautiful Country (Canadian Magazine, vol. Ivi, no. 6, pp. 
507-512). 

A popular description of the country along the Winnipeg River. 



Canadian 
&eimto 



VOL. II. TORONTO, SEPTEMBER, 1921 No. 3 

NOTES AND COMMENTS 



THE meeting of the prime ministers of the Empire in London 
in June and July has been heralded and accompanied by a 
controversy, of distinct interest to historical students, over the 
proper name to be applied to the meeting. Mr. Winston Churchill 
started the controversy by asserting, in a speech at the Anzac 
Day luncheon in London, that the meeting was to be a regular 
meeting of the "Imperial Cabinet", the successor of the Imperial 
War Cabinet, and not merely an "Imperial Conference". From 
this view dissent was immediately uttered by Professor Berriedale 
Keith, in a letter which appeared in The Times simultaneously 
with the report of Mr. Churchill's speech. Professor Keith 
insisted that the term "Cabinet", as applied to the meeting of 
prime ministers, was "a misnomer which merely excites mis- 
givings in the Dominions", and that the meeting was merely a 
conference. Later on, he amplified his thesis in a letter to United 
Empire (June, 1921, pp. 467-468), and pointed out that, whereas 
during the war the term "Imperial Cabinet", though strictly 
inaccurate, had a certain justification from the fact that it enjoyed 
a sort of executive authority, since the armed forces of the 
Dominions were placed under British control, this state of affairs 
no longer existed, and the term had now lost whatever applica- 
bility it once had. Professor Keith's views were endorsed by 
the Canadian prime minister and by the High Commissioner 
for New Zealand; and, barring an occasional and unofficial use 
of the term "Cabinet", the British authorities seem to have 

213 



214 THE CANADIAN HISTORICAL REVIEW 

accepted the criticisms of Professor Keith, and the meeting of 
June and July, 1921, will no doubt go down to history as the 
Imperial Conference of 1921. 



In a sense, the controversy has been one merely about words; 
for it is clear that under post-bellum conditions, there can be 
no essential difference between an Imperial Cabinet and an 
Imperial Conference. The decisions of what Sir Robert Borden 
described as a "Cabinet of Governments" must necessarily be 
mere advisory resolutions binding on no one. But the incident 
has been a signal illustration of the strength of the forces opposed 
to even a hint of imperial centralization, and the result of Pro- 
fessor Keith's protest is a striking commentary on the part that 
the scholar, by clear thinking, can sometimes play in public 
affairs. 



Canada has at last a Copyright Act of her own, although the 
Act is not to come into force until a day "to be fixed by the 
Governor in Council". The question of Canadian copyright 
has long been a burning question in imperial politics; and at one 
time it actually assumed the proportions of a constitutional issue 
between Canada and the Mother Country. The trouble was 
that, until 1911, the British parliament, under the influence of 
the British publishers, insisted, in defiance of all the conventions 
of responsible government, in controlling Canadian copyright. It 
was while he was in England fighting against the imperial copyright 
law that Sir John Thompson was overtaken by his sudden and 
tragic death at Windsor in 1894. Eventually, however, in the 
Imperial Copyright Act, 1911, the British parliament agreed to 
resign its control of copyright in the Dominions; and in 1912 
Australia and Newfoundland, and in 1913 New Zealand, legis- 
lated on the subject. By a curious irony of fate, Canada, which 
had been for so long the chief opponent of imperial control of 
copyright, failed, for a variety of reasons, to take advantage of 
the Imperial Copyright Act of 1911 until after the war. In 1919 
and in 1920 bills were introduced in the Canadian parliament; 
but both of these fell by the way, and it was only at the end of 
May, 1921, that the Act now on the statute-book was passed by 
both houses. 



The new Act is frankly retaliatory against the United States. 
It does not require the setting of the type and the making of the 



NOTES AND COMMENTS 215 

plates in Canada, as the United States Copyright Act does in the 
United States; but it provides for copyright protection only for 
British subjects, for residents in the British Dominions, and for 
residents of countries subscribing to the Berne Convention and 
Protocol thus excluding citizens of the United States, who can 
only get copyright in Canada if the Minister shall declare that 
the United States is willing to give copyright protection to Cana- 
dian citizens on the same basis as to their own. This means, 
that, unless an agreement is arrived at between the two countries, 
Canadian authors who first publish in Canada will lose their 
United States rights, and American authors who publish first 
in the United States will lose their Canadian rights. Fortunately, 
however, Mr. Doherty, the Minister of Justice, assured the 
House of Commons that the Act would not be put into force until 
satisfactory protection for Canadian authors in the United States 
has been secured by negotiation. There are in the Act a number 
of clauses, notably the so-called licensing clauses, to which the 
newly-formed Canadian Authors' Association took strong ob- 
jection; and there was a good deal of opposition to the measure 
in the House of Commons, and expecially in the Senate, where 
it was severely handled by members such as Senator Chapais and 
Senator L. O. David. It finally passed the Senate, however, by 
a small majority, and became law. Whether it ever comes into 
operation, remains to be seen. 



The contents of the present number of the REVIEW include, 
besides book-reviews and bibliographical notices, two papers and 
a document. The first paper, which deals with Statistics in 
Canada, is by Professor Gilbert Jackson, of the Department of 
Political Economy in the University of Toronto, and coincides 
most opportunely with the taking of the Dominion census of 1921. 
The second, which treats of The Law of Marriage in Upper Canada, 
is by Mr. Justice Riddell of the Supreme Court of Ontario, and 
is intended to dispel the false impressions which have long been 
current with regard to the disabilities under which certain religious 
denominations laboured in Upper Canada before the Rebellion 
of 1837. The document, which is merely a reprint of Edward 
Blake's "Aurora Speech " of 1874, is a departure from the practice 
hitherto followed in the REVIEW of printing only documents 
inedits; but it is hoped that its historical interest, combined with 
the fact that it is as a rule inaccessible to the general reader, will 
justify its reproduction here. 



STATISTICS IN CANADA 



IT is perhaps because they have been put to so many different 
uses that statistics are distrusted by many people of intelli- 
gence. The propagandist uses them, irrespective of their limita- 
tions, to puff a drug, a political programme, a province, or a 
country. The politician demands them at a moment's notice, 
confident that somehow statistics for his purpose can be made. 
The specialist draws his conclusions in finance, in public health 
and actuarial work, without presenting his readers with the steps 
of his argument. In the meantime, the public that looks to them 
for guidance is apt to be repelled. 

Within a few years it was customary to dismiss statistics 
with a shrug; to put them in appendices to public documents 
because they "looked well", but not to use them as raw material 
for research. It is impossible to deny that they were often badly 
collected, badly presented, and misunderstood. Records were 
made by men who were ill-paid or not paid at all for the work, 
and who had often no idea of the value of accuracy. Such, for 
instance, were some of the returns made by trade union officials 
before the war to the Ontario Bureau of Labour; and they were 
of very little value when they were not actually misleading. 
Or, in certain cases, accurate reports were received by the depart- 
ment compiling them, and they were added or classified wrongly. 
A flagrant instance of this occurred in 1914 when the Registrar- 
General for the Province of Ontario made up the statistics of 
marriages for the previous year. 1 The brides willy-nilly were 
shepherded into the column supposedly reserved for bride-grooms ; 
the bride-grooms occupied the space in the table supposedly 
reserved for brides. Each did duty for the other, with the result 
that (according to the Registrar-General) the women of Ontario, 
who married during 1913, selected men who were younger than 
themselves by no less, in the average, than four years. 

The difficulties with which the statistical service of Canada 

1 Report of the Registrar-General for the Province of Ontario, 1913, p. 8. 

216 



STATISTICS IN CANADA 217 

has had to struggle in the past have been tremendous. No one 
who is familiar with the First Annual Report of the Dominion 
Statistician needs to be reminded of them; and the Report, which 
is in itself an important historical document, may be supple- 
mented usefully by random readings in almost any volume of 
the Census previous to 1911. It is true that the statistical service 
is old. For nearly six centuries after the completion of Domesday 
Book in 1086 there was no systematic enumeration of the people 
anywhere: the first to be made in modern times was the Census 
of New France, taken in 1666. l But though Canada was earliest 
in the field, she was slow to create a permanent organization to 
deal with the mass of facts collected. A permanent Census and 
Statistics Office was created only in 1905. Up to that time the 
Census was made, not by a regular staff undertaking this duty, 
but by an organization created ad hoc at intervals of ten years, 
and disbanded as soon as results were published. Efficiency was 
scarcely to be hoped for under such an arrangement. Early 
Census Reports are a series of melancholy confessions, compli- 
cated occasionally by the desire to prove that Canada has been 
growing more quickly than her neighbours. In certain parts of 
the country the enumerators proved themselves wholly unfit for 
the duties assigned to them. Their instructions were drawn up 
so loosely as to admit in many cases the double entry of persons 
not sleeping at home on the night of the census. 2 Their work 
was made still more difficult by a feeling on the part of the public 
that the Census had some connection with taxation; and for this 
reason essential information was sometimes withheld altogether. 3 

The collection of mortality statistics by the Census Office 
(which was not considered improper and persisted in the Census 
of 1911) introduced another element of inaccuracy. 4 

For these reasons we cannot place very much reliance on the 
numbers of the population, as stated in Census Reports in the 
middle of the nineteenth century. Some of the results of enquiries 
conducted under such disadvantages verge on the incredible; 
and where these are combined with the statistics of mortality, 
their weakness is obvious at a glance. The Census officials of 

1 First Annual Report of the Dominion Statistician, p. 9. 

2 Report of the British Association, 1878, p. 658. 

3 Census of Canada, 1851-2, vol. I, p. iv. 

4 "In actual experience it was found that our enumerators missed 20 per cent, of the 
deaths," said the Dominion Statistician to the Conference on Vital Statistics on June 
20, 1918. 



218 THE CANADIAN HISTORICAL REVIEW 

Upper Canada reported a crude death-rate for 1851 in that 
province, of 8.1 per thousand of the population. This is believed 
to be well below the lowest figure known in any modern state. 
Corrected according to standard age distribution the rate is 
unaltered; and it is less by 30% than that shown in 1912 by New 
Zealand the lowest recorded in our time. Apart from the 
probable inaccuracy of the mortality statistics, and possible in- 
accuracies in numbering the living population, it is evident to 
anyone who works over the figures that the recorded age distribu- 
tion in the later years of life contains several very doubtful 
peculiarities. 

No Census enumeration is entirely free from inaccuracies. In 
the matter of age, they are especially persistent. But in Canada 
(with exceptions here and there, which have stirred local feeling) 
they have now been reduced to the minimum. A permanent 
Dominion Bureau of Statistics, created under the Statistics Act 
of 1918, has charge of the Dominion Census, and is "designed to 
give final form to the statistical policy of Canada. It crystallizes 
the suggestions of the Statistical Commission in the light of 
subsequent research, and within the regulations thereunder lays 
down a definite plan for the organization and development of 
statistics". 1 To-day the Census of Canada aims only at securing 
information which can be determined with reasonable accuracy 
by decennial enquiry. With its wide interest in production, it is 
based on a broader foundation than the British. Though con- 
siderably less elaborate, it is strictly comparable with the Census 
of the United States, which is taken only one year earlier. 

The old distrust of statistics, which was inevitable when our 
statistics were of notoriously poor quality, has thus been deprived 
of its foundation. Much of it, nevertheless, unfortunately sur- 
vives, for even when accurate and properly presented statistics 
are obtainable, there are few persons in the community suffi- 
ciently well-trained to draw constructive inferences from them. 
The failure of public bodies to make good use of the material 
now so generously furnished is evident in every line of public 
enquiry. It is only necessary to recall the memorandum placed 
before the Tariff Commission in the autumn of 1920 by the 
Canadian Manufacturers' Association. In this case an unrivalled 
opportunity of analysing scientifically the growth of Canadian 

1 First Annual Report, p. 17. 



STATISTICS IN CANADA 219 

manufactures was allowed to pass, and a series of figures "which 
were in themselves undoubtedly reliable was used to very little 
purpose. 

We may hope that the gap in our education here evidenced 
will not be suffered to remain. For to-day, despite a lingering 
mistrust, the tendency is to rely more and more on the results 
of statistical enquiry perhaps to place undue reliance on them. 
The public is being supplied otn an increasing scale with so-called 
"fundamental statistics", whose origin is often left in doubt by 
the business organizations which produce them. The result is a 
good deal of misunderstanding and miscalculation which, how- 
ever, bears witness to growing interest in the subject. As the 
war taught us all the supreme importance of organized effort, 
so have the grave and unforseen economic disturbances which 
succeeded the war taught us the value of organized knowledge. 
For as each development occurred, the rise in prices that followed 
the war, the contraction in our foreign markets, the spread of 
unemployment, the present unprecedented fall in prices, shrewd 
observers acquainted with the past have been more and more 
inclined to see in them repetitions with a difference of develop- 
ments succeeding other wars. It is the man who takes his stand 
upon the ancient way who finds familiar features in our changed 
surroundings; and in proportion as we have despised the past, 
we find ourselves ill-prepared to face the future. 

This renewed interest in the subject will increase with the 
spread of an organic conception of society. For that conception 
brings with it an increased readiness to study what may for want 
of a better term be called the physiology of social development; 
and it is only by the use of statistical methods that we can hope 
to get quantitative results from such a study. 

It is impossible shortly to summarize the task which faces the 
Canadian statistician. He has at the same time to consider 
domestic and imperial requirements. The need for a standardiza- 
tion of Canadian statistics is unquestioned. Departmental con- 
servatism in some of the provinces and a certain jealous dislike 
of federal interference have at times made progress difficult, and 
may continue to do so. The Doniinion Bureau of Statistics began 
wisely with the problem of vitaj statistics, now no longer collected 
even provisionally by the Census. The general adoption of the 
model "Act Respecting Vital Statistics" (which is operative in 
all the provinces but one) is an earnest of future harmony. If and 
when Quebec conforms, the standardisation of our most important 



220 THE CANADIAN HISTORICAL REVIEW 

statistical records will have been accomplished. But in an Empire 
which is linked in a thousand ways by the migration of its citizens, 
the movement of its capital and the ramifications of its trade, 
there is a corresponding need for the standardization of imperial 
statistics. Both of these needs were recognized by the Dominions' 
Royal Commission, which made its Final Report in 1917. The 
Commission concluded an elaborate and scientific survey of the 
British Empire by making certain findings regarding our statis- 
tical deficiencies. With regard to Canada the chief impressions 
it recorded are instructive. Sir Alfred Bateman, himself a mem- 
ber, has said of the commissioners, "Speaking merely on the 
statistics of Canada they were struck with the profusion of 
statistics. There were too many of them, and the worst of it 
was that they did not agree. ... In many cases the Dominions' 
Commission had found that the statistics of unemployment and 
of immigration were deficient". 1 Quoted apart from its context, 
this seems perhaps more blunt than it sounded to those who 
heard the statement. In any case, the criticism was not un- 
founded. We can realize most easily how grave were those 
deficiencies, by comparing the statistics of immigration published 
by the Department of Immigration, with the numbers of immi- 
grants found in Canada at the time of the 1911 Census. Between 
1901 and 1905 the number of foreign-born immigrants shown to 
have entered Canada is nearly 335,000. Allowing for the moderate 
death-rate of 14 per thousand among them, there should have 
been in 1911 about 304,000 foreign-born immigrants in Canada, 
who had entered the country within this period. The number 
actually found was 167,524. There were also 63,563 foreign-born 
immigrants, whose year of arrival was not reported. In any 
case, the Census officials were faced with an unexpected defi- 
ciency, amounting to at least between 74,000 and 138,000 persons. 
In the case of certain races this deficiency was extraordinarily 
pronounced. The number of Italian immigrants entering Canada 
between 1901 and 1905 appears to have been 19,827. The number 
who should have been found at the Census of 1911 was therefore 
on the previous basis of calculation about 18,200 persons. The 
number actually found was 6,197. Even when we make allowance 
for the large number of immigrants who were unable to recall for 
the Census enumerators the date of their arrival, it is evident 
that nearly two-thirds of the Italians migrating to this country 

1 Journal of the Royal Statistical Society, January, 1920, p. 78. 



STATISTICS IN CANADA 221 

have in some way disappeared within a few years of coming here. 1 
It is conceivable that either the Census or the Immigration 
Department might be at fault. No Census enquiry can hope 
to be wholly accurate, but in this case it is certain that the mistake 
lies mostly, if not entirely, with the Department of Immigration. 
No record has been kept in the past of the number of immigrants 
leaving Canada at any time after their arrival. American ex- 
perience shows that this number must have been considerable. 2 
In the absence of such records the figures with regard to immigra- 
tion lose, if not all, at least much, of their meaning. An arrange- 
ment has now been concluded with the government of the United 
States by which records of migration into the United States 
from Canada are made up by American officials and forwarded 
to the Dominion government. We have, therefore, for the future 
a means of measuring the movement of restless or dissatisfied 
immigrants across our border to the south; but even this does 
not enable us to guess what is the proportion of all our immigrants, 
who return in time to their homes in other countries. This pro- 
portion may conceivably be as high as one-third of the total 
immigration. 

Until the Department of Immigration is able to establish 
records of emigration as complete as its records of immigration, 
it will remain impossible for us to measure from year to year the 
growth in the population of this country. The decennial Census 
must till then be accepted as our only means of ascertaining 
closely the growth in the numbers of our people; and the gap 
between the Census years is a very long one. A recommendation 
by the Dominions' Royal Commission that everywhere within the 
Empire the Census be conducted not once in ten years but once 
in five years, will, if it is adopted, lessen this uncertainty. In 
Canada the need for a quinquennial Census is at present perhaps 
greater than it is in any other part of the British Empire, since of 
all the Dominions she is developing the most quickly. The Census 
of the prairie provinces, which is taken in the sixth year of each 
decade, might well for this reason be extended to the whole 
Dominion. 

The reproach that our statistics of unemployment are deficient 
can no longer be brought against us. In 1914 there were for 

1 A comparison of the Reports of the Department of Immigration and Colonisation 
(Ottawa) with the Special Report on the Foreign-Born Population (Census and Statistics 
Office, 1915) shews in the case of almost every race a considerable outward movement. 

2 See, for instance, Fairchild, Immigration, ch. xvi, p. 349. 



222 THE CANADIAN HISTORICAL REVIEW 

practical purposes no statistics of employment in this country. 
Such statistics as existed, far from being used, were not even 
properly compiled by the provincial governments which collected 
them. When the Dominions' Royal Commission made its report 
the Employment Service of Canada was still in its infancy. 
To-day it is a highly developed and extremely efficient organiza- 
tion. 

A beginning was made on lines which had previously been 
explored by the Board of Trade in England. The Mother Country 
had collected records of unemployment among members of trade 
unions extending as far back as 1851. The Department of Labour 
at Ottawa began to collect similar records from Canadian trade 
unions in 1915. The compilation was at first made quarterly, 
and is now made monthly. Analysed in the Labour Gazette by 
provinces and occupations it is an exceedingly valuable record 
of the changing conditions of employment in Canada. Covering 
as it does trade unions with & total membership of nearly a 
quarter of a million it may be supposed to reflect with consider- 
able accuracy conditions in the labour market as a whole. In 
addition, the Employment Service has now developed a method 
of securing postal information from employers. Some of their 
records must be sent three thousand miles by mail; but despite 
this difficulty the Department of Labour succeeds in publishing 
a weekly statement within about three weeks of receiving the 
returns, which summarizes the records of about five thousand 
employers and about three-quarters of a million wage earners. 
There is little doubt that a mass of information so great and so 
representative reflects very accurately employment conditions in 
the country as a whole. England, though she publishes in the 
Board of Trade Labour Gazette similar returns from employers 
of labour, does not collect them on a scale comparable with this, 
and Canada can fairly claim to have been a pioneer in the work. 

The close agreement in the two sets of figures obtained from 
trade unions and employers respectively confirms our faith in 
each of them. There is to-day no country which follows the 
fluctuations in its labour market more closely than Canada, and 
we may fairly hope that within a few years the United States 
may follow in our footsteps and produce information regarding 
her own conditions of employment which will stand comparison 
with ours. 

One at least of Sir Alfred Bateman's strictures has thus suc- 
cessfully been met. But in their summary treatment of our 



STATISTICS IN CANADA 223 

shortcomings, the commissioners did not for a moment lose sight 
of their main purpose. In the many fields of activity which came 
under review, their task was to find means of creating and main- 
taining liaison between the Dominions and the Mother Country. 
Their Final Report 1 called for a conference of the statisticians of 
the Empire. After the war a conference was accordingly sum- 
moned. It met in London in January, 1920, and its own report 
is instructive. 2 Readers who live overseas will be tempted to 
remark that it contained an undue proportion of British civil 
servants. Thirty -one of these attended; and only twelve dele- 
gates (of whom one was unable to be present at the meetings) 
represented the remainder of the British Empire. The most 
important of the constructive proposals made by the conference 
was a resolution in favour of a British Empire Statistical Bureau. 
Such a Bureau would naturally find itself ultimately under the 
authority of an Imperial Development Board, if the recommenda- 
tion of the Commission relating to this Board is ever carried out. 
In the meantime the conference suggested that this Bureau be con- 
trolled by a special council, established by royal charter, and that 
"in order to emphasise the Imperial character of this council, the 
President should be the Prime Minister of the United Kingdom, in 
his capacity as President of the periodical Imperial Conferences". 

We may hope some day to find ourselves tracing at the same 
time not only the changes in migration and employment, not 
only variations in exports and imports of merchandise, but also 
the movement of capital from Great Britain to the Dominions 
and India, and alterations of wages in all parts of the Empire. 
If the time comes when all these developments can simultaneously 
be reviewed, we shall be protected as we have never been before 
against the suffering which is caused by unhealthy development 
in any part of the Empire. There will then be no excuse for such 
a blind over-investment in railway development as has produced 
our tremendous railway problem of to-day. There will be less 
opportunity for a congestion of the labour market through over- 
immigration, such as occurred with disastrous consequences in 
1913-1914. Our limited supplies of loanable capital will be 
directed more wisely wherever an unfilled need for capital exists, 
and the restless population of the British Isles will be helped to 

1 Final Report, p. 168. 

2 Cmd. 648, H.M. Stationery Office. 



224 THE CANADIAN HISTORICAL REVIEW 

choose a place of settlement, less by vague rumours and more 
and. more by the knowledge that an unfilled demand for labour 
exists in certain places, which promises them continuous employ- 
ment, and a standard of life higher than they have known in 
the surroundings of their homes. In the years of scarcity which 
lie before us we cannot afford wrongly to direct either the limited 
supplies of capital or the limited supplies of labour on which we 
must depend almost entirely to develop the resources of the 
British Empire. For misdirection of either expresses itself in 
terms of human loss and human suffering. It loosens the ties 
that bind together the scattered units, and weakens the Empire 
as a whole. Properly conducted an Imperial Statistical Service 
will conserve our resources and prevent a great deal of unnecessary 
human misery. 

Thus though we are mainly concerned with the statistical 
development of Canada, we cannot confine ourselves entirely 
to our domestic problems. If the progress and the needs of the 
British Empire are simultaneously to be surveyed as a whole 
at five year intervals developments elsewhere must keep pace 
with those occurring here. At present the official statistical 
organizations of the British Empire are at various stages of 
development. Australia leads the way, and the work of her 
official statistician, Mr. G. H. Knibbs, serves as a model for 
official statisticians everywhere. The statistics of New Zealand 
present the same main features as those of Australia. Our own 
Bureau of Statistics comes late in the field, but has already pro- 
duced some important changes which are an earnest of more 
reforms to follow. There is no doubt that within a few years, 
by dint of hard work and tact, both on the part of the federal 
officials charged with the collection of statistics, and on the part 
of the provincial officials from whom they must get much of 
the raw material they need, the statistics of Canada will be 
standardized and unified like those of Australasia. But if there 
is to be one statistical system for the British Empire the British 
government must also follow suit. In the past, though they may 
rightly have resented comparison with the "seventy jarring sects" 
of the Rubaiyat, there has been a good deal of difference between 
the twenty or more departments of which the British government 
is composed. In the best of them statistical work has been done 
which serves as a model for the world. In the worst of them 
statistics have been compiled which have very little meaning. 
They too must be unified and standardized. 



STATISTICS IN CANADA 225 

When the process is complete, which we have only seen in its 
beginning, the result will be such as to strike at least the trained 
imagination. Even now, the census is taken simultaneously in 
all parts of the Empire. Tts results are summarized for the 
Mother Country and the Dominions, the Indian Empire and all 
the British dependencies, in an appendix to the Census of England 
and Wales. That appendix resembles a half -completed building 
an observer sees first of all its great deficiencies. But in time to 
come it will no longer be an appendix. What was but part of a 
local publication will in time become the whole, to which the 
census of England and Wales itself contributes. In it the scattered 
family of nations to which we belong will find an inventory of 
their common treasure-house. It will remain as it is, a collection 
of statistics and no more. But those will prize it for whom it has 
a meaning : and as education spreads their number will increase. 
We may suppose that some of them will find it the most illuminat- 
ing of contemporary documents. 

G. E. JACKSON 



THE LAW OF MARRIAGE IN UPPER CANADA 



UPPER CANADA was created a separate provincial entity by 
the proclamation of General Alured Clarke dated November 
18, 1791, and becoming effective December 26, 1791. 

The territory which thus became Upper Canada had been 
part of the province of Quebec formed by the Quebec Act of 1774, 
and a small part along the Ottawa had been part of the original 
"Government" of Quebec formed by the Royal Proclamation of 
1763. That proclamation had introduced the English law, civil 
and criminal, into Canada; but the Quebec Act of 1774 had re- 
introduced the former "law of Canada" as to property and civil 
rights, leaving the criminal law as it was. Consequently, when 
Upper Canada began her provincial career, she was under the 
French-Canadian civil law and the English criminal law. 

The French-Canadian civil law followed the canon law and 
required the presence of a priest episcopally ordained to make a 
marriage valid. 1 

At the first parliament of the young province at Newark in 
1792, the first statute passed 2 introduced the English civil law; 
and thereupon the presence of a Church of England clergyman, 
priest or deacon, became necessary to make a marriage ceremony 
valid. 

Before this time it had been taken for granted that, at least 
in the wild parts of the country, a Church of England clergyman 
might validly perform the ceremony 3 ; and there were some 
marriages before the chaplains of the military posts. In the 
absence of a chaplain, those seeking to be married applied to the 
commanding officer of the military posts, to magistrates, to ad- 
jutants, and even to surgeons at the posts. These, acting as 
chaplains, performed the ceremony. Some of those so married 
took care on their return to civilization to have the ceremony 
regularly performed; 4 some, however, omitted this wise pre- 
caution. Some .were married by justices of the peace: these 
marriages were equally invalid. The Hon. Richard Cartwright, 
who had been appointed a member of the Legislative Council, 

226 



THE LAW OF MARRIAGE IN UPPER CANADA 227 

was strongly impressed with the peril attached to these irregular 
marriages (his own was one of them) ; and he in the first session 
of the first parliament, in 1792, introduced a bill to validate all 
such marriages, the first bill introduced in an Upper Canada 
parliament. This bill was said by Simcoe to be a "hasty and ill- 
digested Bill", 5 and it was withdrawn after its first reading on 
the express promise of the lieutenant-governor that the matter 
should receive the attention of the Home authorities. 

Chief Justice Osgoode, upon the instructions of Simcoe, drew 
up a bill for the purpose, and this was sent by Simcoe to Dundas, 
one of the secretaries of state, for submission to the law officers 
of the Crown. 6 

The bill was submitted to the advocate-general, William Scott 
(afterwards Lord Stowell), to the attorney-general, John Scott 
(his brother, afterwards Lord Eldon), and to the solicitor-general, 
John Mitford (afterwards Lord Redesdale) ; and they reported 
favourably to the bill. This report was sent by John King, 
permanent under-secretary of state for the Home Department, to 
Simcoe. 7 Before the bill and opinions had been received or even 
despatched, however, the provincial parliament had met on 
May 31, 1793. The first bill to be introduced was the Marriage 
Bill: this was introduced by Cartwright on June 3, when it was 
read for the first time. It rapidly reached the second reading and 
the committee of the whole, and was passed on June 14, on which 
day it was sent down to the House of Assembly. 8 [There it was 
amended so as to authorize the ministers of communions other JjJ^ 
than the Anglican to perform the marriage ceremony for their 
own people^ and in this form it was returned to the Council on 
June 20. 

The amendment was not accepted by the Council; but a 
conference was held by Cartwright, Peter Russell (afterwards 
administrator of the government of Upper Canada), and Commo- 
dore Grant, representing the Council, and Macomb, Campbell, 
and Van Alstine representing the Assembly, 9 and the commoners 
withdrew the amendment on the positive assurance that repre- 
sentations would be made to the Home government in favour of 
non-Anglicans, and that the matter would be put on a liberal 
footing at the following session. 10 

The Act was passed and became law 11 ; it provided that all 
marriages theretofore contracted before any magistrate, or com- 
manding officer of a post, or surgeon of a regiment acting as 
chaplain, or any other person in any public office or employment, 



228 THE CANADIAN HISTORICAL REVIEW 

should be valid. Persons who had contracted such marriages 
might preserve testimony by making within three years an 
affidavit in the form given, with the dates of the births of their 
surviving children, if any, and these affidavits the Clerk of the 
Peace was to enter and record in a register to be kept by him for 
the purpose. For the future, until there should be at least five 
"parsons or ministers of the Church of England " in any District 
there were then four Districts in Upper Canada 12 a. magistrate 
might marry after having put up a notice in the most public 
place of the township or parish and having waited until three 
Sundays had elapsed. 

It is probable that advantage was taken of this Act in validat- 
ing marriages in all or most of the Districts; but, so far as I know, 
the records of only one District show any trace of this and that 
only by accident. 

The clerk of the peace of the Midland District at Kingston, 
in 1813, wanted a book in which to keep the records of the Court 
of General Quarter Sessions of the Peace in and for the Midland 
District, and took for the purpose the blank leaves of an old 
register no. longer in use. There were only four entries in the 
register; they run as follows: David McCrae swears before 
Richard Cartwright, Junior, Judge of the Court of Common 
Pleas for the Midland District, May 29, 1794, that he did publicly 
intermarry with Erie Smith at Michilimackinac, on October 13, 
1783, and he names, with the date of their births, his living son 
William, and three daughters, Sophia, Frances, and Amelia. 
Erie Smyth (signing her name in that way) swears to the same 
facts before George McBeath, Justice of the Peace at L' Assump- 
tion (now Sandwich) on June 18, 1794. Then "Richard Cart- 
wright, junior, of Kingston, Esquire", swears before Thomas 
Marktand, Justice of the Peace, on May 30, 1794, at Kingston, 
that he did publicly intermarry with Magdalen Secord at Niagara 
"on or about" October 19, 1784, and he names his living children 
James, Richard, and Hannah; and Magdalen Cartwright swears 
the same at the same time. In each case, it will be noted, the 
marriage had taken place at a British military post. 13 

Simcoe did not like the Act. He loved and honoured his 
church only less (if less) than his king; he desired the establish- 
ment of the Church of England, and was indignant that it should 
be even suggested that ministers of another church should have 
the power to marry. Although Dundas, the secretary of state, 
wrote him approving of the allowance of the Act and adding 



THE LAW OF MARRIAGE IN UPPER CANADA 229 

that the opinions of the imperial law officers would enable him 
to make the necessary amendments next session, 14 he took no 
steps to carry out the agreement made between the Houses. 
Hamilton did not introduce a bill as had been arranged, and thus 
nothing was done. 

The reason for this inaction is given in Simcoe's despatches 
and I cannot do better than copy his memorandum on the subject, 
contained in an official letter to Dundas from Navy Hall, dated 
August 2, 1794: 

It has already been suggested in the observation on the Marriage 
Act that it was suffered to pass on a compromise between the two 
Houses upon an implied agreement between a majority of each that 
the power of legally solemnizing marriages should be extended to 
the spiritual pastors of several sects and denominations of religion. 
The opinion of the Law Officers of the Crown did not arrive here 
until after the Act had passed. It was proposed during the Session 
to have brought forward an amending Bill containing the provisions 
suggested to them, but on the first day of the meeting of the House 
petitions from Menonists, Tunkers, and others were brought forward 
praying that their ministers might be authorized to solemnize 
marriage with validity. The petition wa^ disregarded, but it was 
found that had the question been stirred in any respect whatever 
the various pretensions and prejudices of the different sectaries 
would have produced great animosity and cojifusion; it was, there- 
fore, thought that it was most advisable to suspend all proceedings 
on the subject till it should be known whether it was thought ex- 
pedient that the power requested should be extended to the ministers 
of any other religious description in order that opinion might be 
sounded and previous measures be taken to effectuate if possible what 
may be thought most beneficial for the Province in such behalf. 15 
A poor excuse is better than none. 

In the following year (1795) a petition was presented by 
the Presbyterians, but no action was taken looking toward 
relief. 16 

In 1796 the Baptists of Bastard Township sent a petition to 
Simcoe praying that "regularly ordained elders of any Baptist 
Churches in this Province shall be fully empowered to administer 
the Ordinance of Marriage". 17 We have no record of Simcoe's 
answer, but it was certainly not favourable. 

The Presbyterians of the county of Grenville renewed their 
application, setting out that their Church had the right in Scotland 
to celebrate marriages, and urging that they should have the 



230 THE CANADIAN HISTORICAL REVIEW 

same right in Upper Canada. Simcoe said to them in the most 
decisive terms that "the petition was a product of a wicked 
head and most disloyal heart", and they took nothing by their 
motion. 18 

Simcoe left the province in July, 1796, never to return; and 
it was only when he had gone that there dawned any hope of a 
relaxation of the law. 

This seems to be a proper place to mention a somewhat 
curious claim made by a clergyman of the Church of England. 

From the beginning of the British rule in Canada the granting 
of marriage licences was reserved to the governor; e.g., in the 
Instructions to General James Murray, November 14, 1763, he 
was directed (section 37) to give all countenance and encourage- 
ment to the exercise of the ecclesiastical jurisdiction of the Lord 
Bishop of London in the Province "excepting only the collating 
to Benefices, granting Licenses for Marriage and Probate of Wills 
which We have reserved to you Our Governor". 

In the instructions to Dorchester, September 16, 1791, which 
were also those to Simcoe, while the Right Reverend Charles 
Inglis, Bishop of Nova Scotia, was to have ecclesiastical juris- 
diction, there was reserved to the governor "the granting of 
Licenses for Marriage, Letters of Administration and Probates of 
Wills" (section 45). 

The Bishop of Nova Scotia made the Reverend John Stuart 
of Kingston his commissary; and Stuart claimed the right as 
such to issue marriage licences in Upper Canada. This right was 
denied by the Executive Council, September 29, 1792, 19 and the 
claim does not seem to have been renewed. 

A royal mandamus for letters patent investing Jacob Mountain 
with the "Title, Style, Dignity and Honour of Lord Bishop of 
Quebec", was granted on July 17, 1798; and at the same time 
John Stuart was made commissary of the Lord Bishop of 
Quebec. In that capacity he claimed the right to grant to the 
ministers of churches dissenting from the Church of England 
licenses to solemnize marriage. The matter was referred by 
Simcoe in June, 1796, to John White, the attorney-general, whose 
opinion was that it depended on the terms of the commission of 
the bishop. 20 A copy of the mandamus was obtained (which the 
commission should follow to be valid), and it appeared plain that 
no such power was given. 21 

It was, however, not necessary to make any formal decision; 
for the legislature took action in the session of 1797. The record 



THE LAW OF MARRIAGE IN UPPER CANADA 231 

of the proceedings of the legislature in this year is lost, and we 
derive all the available information from the official reports to 
the Home Secretary and from the statute itself. Chief Justice 
Elmsley, 22 in giving the reasons for the Marriage Act of 1797, says : 
This Province is principally settled by Loyalists from the 
Eastern and Middle Colonies who notwithstanding their uniform 
and steady attachment to the British Constitution retain all those 
varieties of opinion in religious matters for which that part of 
America has always been remarkable. It is perhaps not too much 
to say that the members of the Church of England do not compose 
more than a fiftieth part of the population of this Province. To 
have extended the indulgence given by the Act to the ministers 
if that term can with any propriety be applied to the self-constituted 
guides of the various divisions and sub-divisions of sects which 
agree in hardly any other point but their refusal to conform to the 
Established Religion of the Province would have been to give the 
power of performing the ceremony of marriage to some of the 
weakest, the most ignorant, and in some instances the most depraved 
of mankind. Care was therefore taken to confine the relief given 
by the Act to such of the Protestant Dissenters as, though Non- 
conformists here, are members of an establishment elsewhere and 
would for that reason bring with them their sober aind regulated 
modes of thinking both in political and religious subjects which 
a,re the usual consequences of habitual conformity to an established 
ritual which form perhaps the best barrier against the encroachment 
of either infidelity or fanaticism and, the inseparable companion of 
each, sedition. For these reasons it was confined to members of the 
Church of Scotland of which country a very considerable proportion 
of the settlers in the lower parts of the Eastern District are natives, 
and to the Lutherans and Calvinists under which descriptions it 
was presumed almost all the Loyalists who were of either German 
or English descent and who felt a pride in adhering to the belief of 
their ancestors would be included. 23 

The Act was reserved by the Administrator, Peter Russell, 
for the royal pleasure; and it came into force December 29, 1798. 24 
This Act gave to "the minister or clergyman of any congregation 
or religious community of persons professing to be members of 
the Church of Scotland or Lutherans or Calvinists who shall be 
authorized in manner hereafter directed to celebrate the ceremony 
of matrimony between any two persons one of whom shall 
have been a member of such congregation or religious community 
at least six months before the said marriage". The minister must 

I 



232 THE CANADIAN HISTORICAL REVIEW 

have been ordained according to the rites of his religious com- 
munity and have appeared before the quarter sessions of the Dis- 
trict in which he lived with at least seven ' ' respectable persons ' ' , 
members of his congregation, who should declare him to be their 
minister ; he must take the oath of allegiance ; and then the majority 
of the justices, if they thought it expedient and proper, could give 
him a certificate authorizing him to celebrate matrimony in that 
District. Banns for three Sundays or a licence from the lieutenant- 
governor was necessary; and a certificate of marriage was to be 
given which might be registered in the office of the clerk of the 
peace. 

It will be seen that all Presbyterian ministers came within the 
Act: the "Disruption" of the Church of Scotland did not occur 
until much later. 26 Under the head of Lutherans came the Palati- 
nates and a few other Germans (chiefly from the valleys of the 
Hudson and the Mohawk), while the term Calvinist covered 
Baptists,* 6 and the "Dutch Reformed" also came within this 
category. 

One ever increasing important religious body was excluded 
the Methodists. This was deliberate and intentional. The 
Methodist ministers were, so far, wholly from the United States 
and were suspected of republican sentiments. There can be no 
doubt that while these missionaries were devoted to the work 
of evangelization, and in the main abstained from open attack 
upon the institutions of the country, they were not all wise at 
all times, 27 and very little was needed in that generation to rouse 
suspicion against an American. The Revolutionary War was 
just over with its legacy of hate and enmity ; and while the loyalty 
of the Canadian Methodist was beyond dispute, the same could 
not always be said of the American minister. 

The provision requiring the oath of allegiance was aimed at 
ministers from the United States, and that requiring a licence 
from the Quarter Sessions was to prevent anyone performing 
the marriage ceremony without legal qualifications. 28 

The last section of the Act deserves attention. It legalized all 
marriages celebrated after the passing of the Marriage Act of 
1793, by any person who should obtain the certificate from the 
Quarter Sessions between persons either of whom was a member 
of his congregation. This was to validate marriages celebrated 
in his own flock by the Reverend John Bethune who had insisted 
upon the right so to do. 29 

further legislative action was taken for some years. 30 A 



THE LAW OF MARRIAGE IN UPPER CANADA 233 

petition from Darius Dunham and a hundred and nineteen others, 
"Members of a Methodist Society praying that by a Parliamentary 
provision the same toleration be extended to them as to other 
sects in this Province, so as to give validity in law to their marri- 
ages", was read in the House of Assembly, June 27, 1799, but 
leave was refused to bring in a bill to that effect. 31 

A new House was elected in 1800, and at its second session, on 
June 11, 1802, three petitions were presented "from the Society 
of people called Methodists", setting out their loyalty and ad- 
hesion to the British Crown and asking that "an Act may be 
passed in our favour giving authority to our Preachers (most of 
whom are Missionaries from the States) to solemnize the religious 
rites of marriage as well as to confirm all past marriages per- 
formed by them". A bill was introduced; the three months' 
hoist was voted down, and the bill was passed. It was then 
brought to the Council, where it was "read a first time and ordered 
to lie upon the table", and was riot again heard of. 32 

The fourth parliament was elected in 1804; at its second 
session, on February 8, 1806, another petition from "the Religious 
Community called Methodists" was presented to the House for 
"an Act . . . giving authority to our preachers most of whom are 
missionaries from the States and a number more who are resident 
in this Province regularly ordained to solemnize the religious rites 
of matrimony as well as to confirm past marriages performed by 
them". 

A bill was introduced and passed the lower house without a 
division; it passed the second reading in the Council; but in the 
committee of the whole it received the three months' hoist. 3 * 

In the session of 1807 a similar bill passed the House, but failed 
to be read the second time in the Council. 34 

In 1808 a bill promoted by the solicitor-general, D'Arcy 
Boulton, for the same purpose passed the House; the Council 
made an amendment by striking out the clauses validating pre- 
vious irregular marriages on the ground that this would encourage 
irregularities in the future; the Assembly asked for a conference; 
each House insisted on its position ; and the bill was lost. 35 

The sixth parliament was elected in 1812, but nothing was 
done in the way of amending the marriage laws until its last 
session in 1816. As usual, a bill passed the Assembly, but was 
lost in the Council. 36 

The delay in bringing forward this bill was due to the fact that 
the province was occupied with the War of 1812-15. While the 



234 THE CANADIAN HISTORICAL REVIEW 

war displayed the Methodists as a whole in a favourable light, a 
few of their men of leading proved disloyal, 3 . 7 but most of the 
American ministers remained in Canada, and they were not found 
preaching or teaching sedition. 

Notwithstanding the general loyalty of the Methodists, the 
English Wesleyan body thought fit to send some of their own 
missionaries into the province, as the Upper Canadian Methodists 
were still under the jurisdiction of the Methodist Episcopal 
Church in the United States, and most of their preachers and 
leaders came from that country. 38 These English missionaries 
continued their work from 1816 till 1821, when their Church in 
England determined to withdraw them (except one at Kingston, 
where troops were stationed) as there was "no evidence of their 
American brethren interfering in political questions", and since 
they "generally remained in the Province during the late war". 39 
The English Wesleyans were always held in great favour by the 
governing classes at York; they never claimed the right of cele- 
brating marriages, but this did not tend to increase the favour of 
the Legislative Council toward the Methodist Episcopals. 

The seventh parliament was elected in 1816; in its second 
session (1818) a bill passed the Assembly, but failed in the 
Council. 40 

In the following sessions (1818) a much more modest bill 
passed the Assembly, and the Council concurred in it. This Act 
simply extended for three years from November 28, 1818, the 
time for those who had neglected to take the steps allowed by the 
Act of 1793 for preserving the testimony of their marriage vali- 
dated by that Act, to make an affidavit and record it with the 
Clerk of the Peace. 41 Nothing was done in the matter in the 
session of 1819, but in the following session (1820) a bill passed 
the Assembly. The same day, however, as it had its third reading, 
Sir Peregrine Maitland prorogued parliament in anger, and it 
never reached the Council. 42 

The eighth parliament was elected in 1820. At the first session 
(1821) a government bill, introduced by the attorney-general, 
John Beverley Robinson, was passed. 43 This was not intended 
to relax the rules for valid marriages, but to make more certain 
punishment for unauthorized celebration of the marriage cere- 
mony. I therefore pass it over for the time being without saying 
more than that it made it a misdeamour (punishable by fine and 
imprisonment, not by banishment) for a justice of the peace or 
any unauthorized person to celebrate marriage. The Act thus 



THE LAW OF MARRIAGE IN UPPER CANADA 235 

restricted rather than enlarged the right. But, during this session, 
there were two other bills which passed the Assembly and failed 
in the Council. The former was introduced by James Gordon of 
Amherstburg, member for Kent, and was intended only to confirm 
marriages theretofore publicly contracted in the province ' ' before 
any Justice of the Peace, Magistrate or Commanding Officer of a 
Post or before any Minister or Clergyman whatsoever anterior 
to the passing of" the Act. 44 The other went much further; it 
was introduced by Robert Nichol of Stamford, member for 
Norfolk, who had been exceedingly active in promoting such 
bills in previous years. 45 It was along familiar lines providing 
for the future as well as the past. 

There was no division on either of the latter named bills ; that 
of the attorney-general passed by a vote of 19 to 14. 46 

In the second session (1821), a petition was presented by the 
Methodist Episcopal Church and "their friends within this 
Province" through Samuel Casey of Adolphustown, member for 
Lennox and Addington, praying that "the privilege of celebrating 
matrimony should not be withheld froni ordained Ministers of 
the Methodist Connection". By a vote of 21 to 11, the govern- 
ment party voting in the negative, a special committee of three 
was named to take the petition into consideration and report 
by bill or otherwise. Twelve other petitions of the same tenor 
were presented, and a bill was brought in by Samuel Casey from 
the special committee. The bill passed by a vote of 21 to 11 and 
was sent to the Council. It there received the three months' 
hoist. 47 

In the session of 1823, Casey renewed his attack. His bill 
passed the Assembly after a division of 20 to 6 ; it then went to the 
Legislative Council, and returned from the Council emasculated. 
The Assembly bill proposed to give legal validity to all marriage 
ceremonies performed or to be performed by "any Minister, 
Priest, Ecclesiastic or Teacher according to any Religious form 
or mode of Worship", the amendment made by the Council 
struck out the words following "any", and inserted "Resident 
Minister or Clergyman legally authorized to celebrate Matri- 
mony", thus leaving matters as they were. A motion in the 
House to accept the amendment was lost on a vote of 11 to 6, 
and the parliament being prorogued about ten days later, the bill 
failed. 48 

In the next session, a petition was presented to the House 
"of the Members and Friends of the Wesleyan Methodist Epis- 



236 THE CANADIAN HISTORICAL REVIEW 

copal Church of this Province" praying for the privilege of 
solemnizing marriage to be allowed to "the Ministers of that de- 
nomination"; also one by David Brackenridge and others "pray- 
ing that the privilege of solemnizing marriages in this Province 
may be extended to the Ministers of His Majesty's Methodist 
subjects". A third petition to the same effect was presented 
from Thomas Dalton Casey, who obtained leave on a division 
of 15 to 11 to bring in a bill which passed the first and second 
readings. On a motion to recommit before the third reading, 
the three months' hoist was defeated by a vote of 17 to 6, and the 
bill was recommitted. This was to give the same privilege to 
the ministers of the Wesleyan Methodists as those given in the 
bill as originally framed to the Methodist Episcopals. The bill 
was duly passed, and sent up to the Legislative Council under the 
title "An Act to authorize Ministers of the Society of Methodists 
to solemnize marriage in this Province"; here it failed on the 
second reading. 

Another bill to confirm irregular marriages also passed the 
House. It received its second reading in the Council, went into 
the committee of the whole, and was not again heard of. 49 

The ninth parliament was elected in 1824. The election had 
been run on almost purely ecclesiastical issues. The Clergy 
Reserves, a very large quantity of land reserved for the support 
of Protestant clergy, had been claimed for the Church of England 
alone by the governors, the governing classes, and the High Church 
section of the Church of England. A motion of Robert Nichol in 
1817 to sell half of these lands and devote the proceeds to secular 
purposes had failed by Gore's sudden dissolution of parliament. 50 
In 1819, the Presbyterians of Niagara applied for government aid; 
Maitland obtained the opinion of the law officers of the Crown 
whether Presbyterians could legally share in the Clergy Reserves ; 
the local attorney-general and solicitor-general thought not, but 
the law officers in England gave an official opinion that the 
Church of Scotland could share. 51 But this opinion had no effect ; 
the High Church party successfully resisted the claim of the 
Church of Scotland, and asserted the exclusive right of their own 
Church. In the election of 1824, the main battle-ground was the 
Clergy Reserve question, and in this the Presbyterian and the 
Methodist Episcopal Church were on the same, as it turned out 
the successful, side. Heretofore, while it could not be said that 
the Methodists were the sole demandants of relaxation of the law 
of marriage, they were by far the most numerous, active and 



THE LAW OF MARRIAGE IN UPPER CANADA 237 

powerful. After 1824 some at least of the Presbyterians joined 
hands with them in the endeavour to liberalize the law in respect 
of marriage. 

In the short first session of this parliament no step was taken 
in the matter of marriage. The House was much taken up with 
election petitions, and the popular party was somewhat dis- 
organized or rather unorganized. But in the session of 1826, the 
well-known Marshall Spring Bid well introduced a bill along the 
familiar lines, which was carried mm. con. in the House. Amend- 
ments were then made in the Legislative Council, which purported 
(1) to repeal the Statute of 1793; 1(2) to enable "the minister or 
clergyman of any congregation of persons professing to be members 
of the Church of Scotland, Lutherans, Congregationalists, Baptists, 
Methodists, Quakers, Menonists, Tunkers or Moravians" with 
a proper certificate by the Quarter Sessions of his due ordination, 
to celebrate matrimony between two persons, one of whom had 
been a member of his congregation for at least six months; and 
(3) to validate marriages theretofore celebrated by any duly 
ordained minister of such congregation or by any one who should 
receive such a certificate from the Quarter Sessions. In the 
Assembly, the amendments were ordered to be read by a vote 
of 28 to 4, but for some reason they were not again mentioned, 52 / " 
and the bill failed. 

In the session of 1826-7 BijiwelLajidJPetex^ 
the same bill, and it passed without opposition. In the Council 
it was referred to a. special committee who reported, whereupon 
it was referred back to the special committee to prepare amend- 
ments, and that was the end of it. 53 

In the session of 1828, Perry and Bidwell brought in a bill in 
the House which on a division of 23 to 1 was reported by the 
committee of the whole; a motion to re-commit was lost on a 
division of 14 to 11, but the bill was subsequently recommitted and 
passed. It was sent up to the Council; the Council delaying, a 
message was directed by a vote of 20 to 7 to be sent by the Assem- 
bly "respectfully reminding that Honourable House of the Bill 
passed during this present Session by this House entitled ' An Act 
to make valid certain marriages heretofore contracted and to 
provide for the future solemnization of matrimony in this Pro- 
vince ' and to recommend that bill as of great importance to the 
consideration of the Honourable the Legislative Council". To 
this message the Council courteously replied through their Speaker, 
Chief Justice Campbell, "that if the House of Assembly had con- 



238 THE CANADIAN HISTORICAL REVIEW 

formed to the uniform practice of the House of Commons by 
appointing a Committee to search the Journals of the Legislative 
Council they would have discovered that the Bill alluded to 
was in progress and therefore that there was no reason for depart- 
ing from the usual course". The Council did not depart "from 
the usual course", and the bill was never heard of again. 54 

The tenth parliament was elected in August, 1828. The same 
issue was much in controversy as in the former election, and the 
temper of the people was getting dangerous. William Lyon 
Mackenzie made his first appearance in the House as a member, 
being elected with Jesse Ketchum for the county of York ; Marshall 
Spring Bidwell was elected Speaker on January 8, 1829; and 
Peter Perry gave notice the next day that he would move for 
leave to bring in a bill to validate past and provide for future 
marriages; he obtained leave, and the bill was introduced and 
passed. The Legislative Council made unimportant amend- 
ments which were accepted by the Assembly. The lieutenant- 
governor, Sir John Colborne, was then pleased to reserve the bill 
"for the signification of His Majesty's pleasure" 88 on March 
20, 1829. 

Colborne was a first-rate soldier and believed in rigid dis- 
cipline in Church and State; he detested the Methodists and 
thought he had a right to do so on patriotic grounds. He wrote 
Robert William Hay, permanent under-secretary of state for the 
colonies, that "the Methodist preachers who are all from the 
United States are charged with undermining the loyalty of the 
people but their hostility is directed against the established 
church . . ."; and he thought the supineness of the Church 
lamentable. Many of the missionaries would be fit for a quiet 
country parish in England, but could not "stand against the 
Methodists". 86 He even wanted English Methodist missionaries 
sent to the Indians, lest the books of the American Methodists 
should create a prejudice. 87 

A reply not having been received from the House administra- 
tion, the Assembly moved promptly. On the first day and first 
hour of the session of 1829, Perry moved for leave to bring in a 
bill on familiar lines, and to dispense with the forty-first rule of 
the House so far as it related to the bill. This was carried. 88 The 
next day the bill was passed, and sent up to the Council by the 
hands of Perry and Paul Peterson of Prince Edward. The Council 
asked a conference on the subject-matter, appointing Wells and 
Markland conferees for that chamber, and the House agreed, 



THE LAW OF MARRIAGE IN UPPER CANADA 239 

appointing Peter Perry of Lennox and Addington, Robert Randall 
of Lincoln, John David Smith of Durham, and George Brouse of 
Dundas, conferees for that chamber. 59 The Council conferees 
were instructed to represent that the bill was the same in all 
respects as that of the previous year, that the pleasure of His 
Majesty on the former bill had not been declared, that the former 
bill was still under consideration, and that the Council thought it 
inexpedient to press the matter upon the Home government 
"until the expiration of the constitutional period within which 
the Royal pleasure can be signified". The Council conferees 
delivered their instructions to the House conferees, and there 
was nothing more to be done. 

When the eleventh parliament met for its first session in 1831, 
the personnel was different and the feeling not quite the same. V 
On the first day, the attorney-general, Henry John Boulton, gave 
notice that he would move for leave to bring in a bill to enable 
the ministers of all religious denominations to celebrate the 
ceremony of marriage between persons of their respective denomin- 
ations; a motion by Marshall Spring Bidwell to place the bill 
in the hands of Boulton and Perry failed by a vote of 12 to 27. 
The vote cannot fairly be said to have been on party lines but 
the extreme Reformers, including William Lyon Mackenzie, 
voted for the motion. On a later division, the solicitor-general, 
Christopher Alexander Hagerman, voted alone against 40 on an 
immaterial amendment, and the amendment of Bartholomew 
Crannell Beardsley of Lincoln, supported by Perry, legitimatizing 
the children of irregular marriages even if the parties had not 
co-habited as husband and wife was lost by a vote of 32 to 12. 
The bill then passed by 44 to 2, Hagerman and John Brown of 
Durham voting in the negative. The bill went to the Council on 
February 10, 1831, and received its second reading. It was in 
special committee when Colborne, on March 2, sent a message to 
the Council and the Assembly that the bill of 1829 had been 
approved by the King, and was accordingly finally enacted. 60 

This Act, while passed in 1829, is always cited as of 1830, 
11 Geo. IV, cap. 36. Its provisions were liberal: all marriages 
theretofore publicly contracted in the province before any justice 
of the peace or any minister or clergyman were validated ; means 
were provided for preserving evidence of such marriages similar to 
those in the Act of 1793 ; clergymen of any church or congregation 
"professing to be members of the Church of Scotland, Lutherans, i 
Presbyterians, Congregationalists, Independents, Methodists, 



h 



240 THE CANADIAN HISTORICAL REVIEW 

Menonists, Tunkers or Moravians "jvere authorized to "solemnize 
the ceremony of marriage within this Province between any two 
persons" on obtaining a certificate from the Court of Quarter 
Sessions of their District. To obtain such certificate, they must 
appear before the Court, take the oath of allegiance, and prove 
that they were regularly ordained. Banns or licences were neces- 
sary, and proper returns were to be made under severe penalties. 
Substantially, all real grievances were removed by this Act, but 
the sentimental one remained that clergymen of the Church of 
England were not required to take out a certificate from the 
Quarter Sessions, while all other clergymen and ministers were, 
and there were a few denominations not included. In 1859, the 
Act 20 Viet. c. 66 (Can.), reciting that under the existing laws 
"privileges are claimed with regard to the solemnization of matri- 
mony by the clergymen and ministers of certain denominations 
which are partial in their character and offensive to certain other 
denominations and their Clergymen and Ministers", provided 
that 

From and after the passing of this Act, the Ministers and 
Clergymen of every religious denomination in Upper Canada, duly 
ordained or appointed according to the rites and ceremonies of the 
Churches or denominations to which they shall respectively belong, 
and resident in Upper Canada, shall have the right to solemnize 
the ceremony of Matrimony, according to the rite^, ceremonies and 
usages of such Churches and Denominations respectively, by virtue 
of such ordination or appointment. 

In 1896, by the Ontario Act 59 Viet., c. 39, an elder evangelist 
or missionary of the "Congregation of God" or "of Christ", 
i.e., "Disciples of Christ", was authorized as well as a commis- 
sioner or staff officer of the Salvation Army. Quakers are specially 
provided for. 

It is not only Christian ministers who have this privilege; it 
extends to every "church and religious denomination". As is 
said by Chief Justice Armour: "The statute should receive a wide 
construction, it does not say 'Christian' but 'religious'. If it 
said 'Christian', it would exclude Jews. The fundamental law 
of the Province makes no distinction between churches or de- 
nominations; everyone is at liberty to worship his Maker in the 
way he pleases." Consequently a duly ordained priest of "the 
Reorganized Church of Jesus Christ of Latter Day Saints" can 
validly marry. 61 But one cannot yet get up a little church of his 



THE LAW OF MARRIAGE IN UPPER CANADA 241 

own and thereby obtain the power of celebrating marriage ; there 
must be something of a denomination. 62 

WILLIAM RENWICK RIDDELL 

NOTES 

1 This was the law in England until after the Reformation ; then the presence of 
either priest or deacon ordained by a Church of England bishop became sufficient. It 
is unnecessary to consider whether a Church of England clergyman could legally per- 
form the marriage ceremony in Upper Canada before the legislation of 1792. Those 
who would know more of the law of England should read R v Millis (1844) 10 Cl. & F. 
334; Beamish v Beamish (1859-1861) 9 H.L.Cas. 274. 

2 (1792) 32 George III c. 1, s. 3 (U.C.). 

3 "There is little doubt that in a heathen land, marriage between British subjects 
may lawfully be celebrated by a clergyman of the Church of England either on board 
ship or on shore" (Hammick, Law of Marriage, London, 1887, p. 266). I do not discuss 
this question. 

4 For example, Captain James Hamilton, whose descendants are still living in 
Canada, was married at Michilimackinac to Louisa Mitchell, daughter of Dr. David 
Mitchell, surgeon-general to the Indian Department at that post, the father performing 
the ceremony. On their arrival at Niagara, they found there the Rev. Robert Addison, a 
clergyman of the Church of England, and were remarried by him. The register (which 
was Mr. Addison's own but became that of St. Mark's Church) reads, "August 24th, 
1792, Captain James Hamilton to Louisa Mitchell his wife. They had been married by 
some commanding officer or magistrate and thought it more decent to have the office 
repeated." 

8 Can. Arch., Q. 279, 1, 79. Simcoe to Dundas, November 4, 1792 
8 Can. Arch., Q. 271, 1, 169. Simcoe to Dundas, November 6, 1792. With the 
bill was sent a careful report by Cartwright, in which he says: "The Country now Upper 
Canada was not settled or cultivated in any part except the settlement of Detroit till 
the year one thousand seven hundred and eighty four, when the several Provincial 
Corps doing Duty in the Province of Quebec were reduced and together with many 
Loyalists from New York, established in different parts of this Province, chiefly along 
the River St. Lawrence and Bay of Quenti. In the meantime from the year 1777 many 
families of the Loyalists belonging to Butler's Rangers, the Royal Yorkers, Indian 
Department and other Corps doing Duty at the Upper Posts had from Time to Time 
come into the country and many young Women of these Families were contracted in 
Marriage which could not be regularly solemnized, there being no Clergyman at the 
Posts, nor in the whole country between them and Montreal. The practice in such 
cases usually was to go before the Officer Commanding the Post who publickly read to 
the parties the Matrimonial Service in the Book of Common Prayer, using the Ring 
and observing the other forms there prescribed or if he declined it as was sometimes 
the case, it was done by the Adjutants of the Regiment. After the settlements were 
formed in 1784 the Justices of Peace used to perform the Marriage Ceremony till the 
establishment of Clergymen in the Country, when this practice adopted only from 
necessity hath been discontinued in the Districts where Clergymen reside. This is not 
yet the case with them all; for though the two lower Districts have had each of them a 
Protestant Clergyman since the year 1786, it is but a few months since this [Nassau or 
Home] District hath been provided with one; and the Western District in which the 



242 THE CANADIAN HISTORICAL REVIEW 

settlement of Detroit is included, is to this Day destitute of that useful and respectable 
Order of men; yet the Town of Detroit is and has been since the Conquest of Canada 
inhabited for the most part by Traders of the Protestant Religion who reside there with 
their Families, and among whom many intermarriages have taken place, which formerly 
were solemnized by the Commanding Officer, or some other Layman occasionally 
appointed by the Inhabitants for reading prayers to them on Sundays but of late more 
commonly by the Magistrates since Magistrates have been appointed for that District. 

"From these circumstances it has happened that the Marriages of the generality of 
the Inhabitants of Upper Canada are not valid in Law, and that their children must 
stricto jure be considered as illegitimate and consequently not intitled to inherit their 
property. Indeed this would have been the case, in my opinion, had the Marriage 
Ceremony been performed even by a regular Clergyman and with due Observance of 
all the forms prescribed by the Laws of England. For the clause in the Act of the 14th 
year of His Present Majesty for regulating the Government of Quebec which declares 
'That in all cases of Controversy relative to Property and Civil Rights, resort shall be 
had to the Laws of Canada as the Rule for the Decision of the same' appears to me 
to invalidate all Marriages not solemnized according to the Rites of the Church of Rome, 
so far as these Marriages are considered as giving any Title to property. 

"Such being the Case, it is obvious that it requires the Interposition of the Legis- 
lature as well to settle what is past, as to provide some Regulations for the future, in 
framing of which it should be considered that good policy requires that in a new Country 
at least, matrimonial Connections should be made as easy as may be consistent with 
the Importance of such engagements; and having pledged myself to bring this Business 
forward early in the next Session, I am led to hope that Your Excellency will make 
such Representations to His Majesty's Ministers as will induce them to consent to 
such arrangements respecting this Business as the circumstances of the Country may 
render expedient. Measures for this purpose have been postponed only because they 
might be thought to interfere with their Views respecting the Clergy of the Establish- 
ment. 

"Of this Church I am myself a Member and am sorry to say that the State of it in 
this Province is not very flattering. A very small proportion of the Inhabitants of 
Upper Canada have been educated in this Persuasion and the Emigrants to be expected 
from the United States will for the most part be Sectaries or Dissenters; and nothing 
prevents the Teachers of this class from being proportionally numerous, but the In- 
ability of the People at present to provide for their support. In the Eastern District 
the most populous part of the Province there is no Church Clergyman. They have a 
Presbyterian Minister, formerly Chaplain to the 84th Regiment who receives from 
Government fifty Pounds p. ann. They have also a Lutheran Minister who is sup- 
ported by his Congregation, and the Roman Catholic Priest settled at St. Regis occa- 
sionally officiates for the Scots Highlanders settled in the lower part of the District, 
who are very numerous and all Catholics. There are also many Dutch Calvinists in 
this part of the Province who have made several attempts to get a Teacher of their 
own Sect but hitherto without success. 

"In the Midland District where the Members of the Church are more numerous 
than in any other part of the Province, there are two Church Clergymen who are 
allowed one hundred pounds p. ann. each by the Government, and fifty pounds each 
by the Society for the Propagation of the Gospel. There are here also some itinerant 
Methodist Preachers the Followers of whom are numerous. And many of the In- 
habitants of the greatest property are Dutch Calvinists who for some time past have 
been using their endeavours to get a Minister of their own Sect among them. In the 

/ 



THE LAW OF MARRIAGE IN UPPER CANADA 243 

Home District there is one Clergyman who hath been settled here since the month of 
July last. The Scots Presbyterians who are pretty numerous here and to which Sect 
the most respectable part of the Inhabitants belong have built a Meeting House and 
raised a Subscription for a Minister of their own who is shortly expected among them. 
There are also here many Methodists & Dutch Calvinists. In the Western District 
there are no other clergy than those of the Church of Rome. The Protestant I nhabitants 
here are principally Presbyterians." 

7 Can. Arch., Q. 279, 1, 227. John King to Simcoe, July 12, 1793. Why King of the 
Home Department should have written does not appear. At the time, and from 1782 
till 1801, the Colonies were allotted to the Foreign Department. The report cannot 
be found in the files; but Simcoe received it on November 10, 1793 (Can. Arch., Q. 280, 
1, 14); he took it home with him; and the late John Ross Robertson was able to obtain 
a copy of it at Wolford Manor. Through the courtesy of Mr. Irving Robertson, I am 
enabled to set it out here, which I do in consideration of its interest from a legal point 
of view: 
"Sir 

"In obedience to His Majesty's Commands signified to us by your letter of the 22nd 
May last, directing us to report to you for His Majesty's consideration such provisions 
as by law we should think necessary for the purposes expressed in the draught of a Bill 
transmitted to us with the said letter, to make good and valid certain marriages con- 
tracted in the Province of Upper Canada, and to provide for the future solemnization 
of marriages in the said Province, we submit as proper for the purposes which appear 
to us to have been intended by the draught so transmitted the provisions herewith 
enclosed. We observe that the draught transmitted to us contains no provision re- 
specting marriages solemnized by Ministers duly ordained either with reference to 
past or future marriages, and we therefore presume that such provisions have been or 
are intended to be made by a separate Act. 

' ' We have the honor to be Sir, 

"Your most obedient servants, 

(Signed) WILLIAM SCOTT 
JOHN SCOTT 
JOHN MITFORD." 
"24th June 1793. 
"The Right Honourable Henry Dundas." 

[Enclosure.] 

"The following are the provisions referred to by the letter enclosed herewith: 

"That all Marriages before a day to be specified which shall have been publicly 
contracted before any Magistrate or Commanding Officer of a Post, or Adjutant or 
Surgeon of Regiment acting as Chaplain, or before any other person publicly officiating 
for such purpose not being a Priest or Minister ordained according to the form of ordi- 
nation in the Church of England shall be declared to be good and valid in law to all 
intents and purposes as if the same had been duly solemnized by a Priest or Minister 
duly ordained. 

"That for the purpose of preserving evidence of all such Marriages, it shall be lawful 
for the parties who have contracted such Marriages respectively or either of them to 
go before a Magistrate and make oath of the fact of such Marriage, the form of the oath 
being specified in the Act, and the Magistrate being authorized to administer the same . 

"That if one of the parties shall be dead it shall be lawful for the survivor to make 
oath to the same effect according to the circumstances. 



244 THE CANADIAN HISTORICAL REVIEW 

"That if both shall be dead, or if both, or either of the parties shall be living and 
shall require the same, it shall be lawful for a Magistrate to take the deposition on oath 
of any person or persons present at such marriage. 

"That in every such oath or disposition there shall be expressed what issue shall 
have been born of such Marriages respectively, and the times and places of the birth 
of such issue so far as such particulars shall be known to the deponents respectively. 

"That such depositions when taken shall be subscribed by the persons making the 
same and certified by the Magistrate, who shall take the same, and be returned and filed 
in some proper office or offices to be appointed for that purpose, and transcripts thereof 
shall be entered in books or registers to be kept by such officer or officers. 

"That such depositions or such transcripts thereof or copies of the same duly 
attested as the Act shall prescribe shall be received as evidence of such Marriages 
respectively, subject to the objections which may be made to the credit to be given to 
the testimony therein contained. 

"That until there shall be in the respective districts of the Province a certain number 
to be limited in the Act of established Parochial Ministers duly ordained according to 
the form of ordination in the Church of England, it shall be lawful for parties desirous 
of intermarrying, and not living within a specified distance of a Parochial Minister or 
Priest ordained as aforesaid to contract Matrimony before a Justice of Peace, having 
first obtained a license for that purpose from the Governor or Lieutenant Governor or 
person administering the Government of the Province to grant licenses for such purpose 
on notice of such intended marriage having been first duly published at such times, in 
such manner and according to such form as shall be prescribed by the Act. 

"That such Justice shall in pursuance of such license, or after the publication of 
such notice be authorized to marry such parties according to the form of the Church 
of England, and shall give the parties a certificate of such marriage in a form to be 
prescribed by the Act, and to be signed by the Justice and also by the parties and by 
two or more persons present at such Marriage. 

"That the Justice shall transmit or cause to be transmitted to such Officer or Officers 
as before mentioned, a duplicate of such certificate signed in like manner, which duplicate 
shall be filed by such Officer and a transcript thereof inserted in the Book or Register 
before mentioned, and such certificate or duplicate or transcript to be attested as the 
Act shall prescribe shall be evidence of such Marriage. 

"That when there shall be within any district of the Province such number as before 
mentioned of established parochial Clergy ordained as aforesaid, the same shall be 
certified by the Governor, Lieutenant Governor or person administering the Govern- 
ment of the Province to a general quarter sessions to be holden for such district, and 
such certificate shall be publicly read by the Clerk of the Peace and from thenceforth 
the power of Justices to celebrate Marriages shall cease within such district. 

"That if after publication of such certificates as aforesaid any person not being a 
Minister ordained as aforesaid shall knowingly or wilfully take upon himself to solemnize 
Matrimony according to the form of the Church of England and be thereof lawfully 
convicted, he shall be punished in such manner as shall be prescribed by the Act. 

"That it shall be no valid objection to any Marriage which has been or shall be 
solemnized within the said Province that the same was not celebrated in a consecrated 
church or chapel. 

"That proper fees shall be provided for the Justices and other officers and persons 
on whom duties shall be imposed by the Act, such fees to be ascertained by the Act. 

"That proper compulsory clauses shall be contained in the Act, and particularly 
clauses to compel persons who shall have been present at any marriage to go before a 



THE LAW OF MARRIAGE IN UPPER CANADA 245 

Magistrate and make deposition concerning the same at the instance of the parties or 

either of them or any of their issue. 

(Signed) WILLIAM SCOTT 
JOHN SCOTT 
JOHN MITFORD, 24th June 1793." 

8 7 Ont. Arch. Rep. (1910), pp. 18-21. 

9 6 Ont. Arch. Rep. (1909), pp. 30, 31, 33, 35, 36. 

10 Life and Letters of Hon. Richard Cartwright, Toronto and Sydney, 1876, p. 52. 

" It was assented to by Simcoe on July 9, 1793, three days before King despatched 
the opinion of the imperial law officers on Osgoode's bill. Simcoe writes Dundas from 
"York (late Toronto) U.C.", on September 16, 1793 (Can. Arch., Q. 278, 2, 335), as 
follows: "The General cry of persons of all classes for the passing the Marriage Bill was 
such that I could no longer withhold under the pretence of consulting any opinion at 
home, having already availed myself of that excuse for delay. There are very few 
Members of the Church of England in either House and the disposition of the House 
of Assembly is to make matrimony a much less solemn or guarded contract than good 
policy will justify. They returned the Bill with a rider giving power to Ministers of 
every sect and denomination (of which in this country there are not a few) to solemnize 
matrimony, and it was only on a compromise that they were prevailed upon to withdraw 
it upon the apprehension of some persons in the Upper House of losing what they were 
likely to obtain by the present Bill and a promise of support \o a Bill of any latitude 
that might be brought in next Session which Mr. Hamilton is to introduce." 

12 Eastern, Midland, Home, and Western were the names substituted in 1792 by the 
Act 32 George III, c. 8 (U.C.) for Dorchester's original names Luneburg, Mecklenburg, 
Nassau, and Hesse. 

13 I have been enabled to make this discovery and to copy the entries through the 
courtesy of Mr. J. W. Mallon, the Inspector of Legal Offices, Osgoode Hall, Toronto. 

14 Can. Arch., Q. 280, 16. Dundas to Simcoe, March 16, 1794. 

]B Can. Arch., Q. 280, 1, 256. The memorandum is contained in the letter from 
Simcoe, ibid., 237. 

16 No record of the proceedings of the Upper Canada parliament for the years 1795, 
1796, and 1797 is known to exist. We must rely on Simcoe 's dispatches and the Wolford 
Manor papers for information. Simcoe writes Portland, who had succeeded Dundas 
as Home Secretary, on August 22, 1795, as follows: "A petition was also presented from 
the Presbyterians or Dissenters to repeal such part of the Judicature [sic\ Act as pre- 
vented the Dissenting Minister from solemnizing marriages. Means were found to 
defer the Petition to the next year when it may be apprehended it will be seriously 
agitated" (Can. Arch., Q. 281, 2, 453). 

17 Wolford Manor Papers, vol. 7, p. 178. 

18 Can. Arch., Q. 292, 2, 499-503. 

19 Can. Arch., Q. 278, 1, 175. 

20 Wolford Manor Papers, vol. 7, p. 238. 

21 See the Wolford Manor Papers, vol. 7. 

22 Chief Justice John Elmsley arrived in Newark in November, 1796. It was his 
duty to report to the Home authorities on the bills originating in the Legislative Council, 
and that of the attorney-general on those originating in the Legislative Assembly. 
As Elmsley reported on this Act, it must have originated in the Legislative Council. 

23 Can. Arch., Q. 284, 50 sqq. Report of Chief Justice Elmsley, November 26, 1797, 
sent by the Administrator, Peter Russell, to the Duke of Portland. 



246 THE CANADIAN HISTORICAL REVIEW 

24 The royal assent was promulgated by proclamation of date December 29, 1798: the 
Act should really be cited as of 37 George III, but in the Statutes it is called 38 George 
III, c. 4. 

26 The "Disruption" or great Secession took place in 1843. 

28 The Tunkers and Menonists (or Mennonites) were sects of Baptists. In an ad- 
dress of the Baptist church in Clinton, District of Niagara, to Sir Peregrine Maitland, 
lieutenant-governor of Upper Canada, dated at Clinton January 16, 1821, and signed 
by John Upfold, Pastor, and Jacob Beam, Church Clerk, this church claimed to be 
Calvinist, because it had "cordially embraced those five grand points of gospel doctrine 
which Calvin manfully defended against the errors of Popery, viz.: Predestination, 
particular redemption, effectual vocation, justification by the imputed righteousness 
of Christ and the perseverance of the Saints to glory" (Can. Arch., Sundries, U.C. 1821). 
It was under the name of " Religious Congregation of Calvinists" that Reuben Crandell, 
a well-known Baptist elder, received a licence from the Quarter Sessions for the District 
of Newcastle, on April 9, 1805: he could validly celebrate marriage within that District, 
but when he removed to another District he was convicted of crime for performing 
the ceremony there. Some of the Dutch Reformed later united with the Presbyterians. 

27 1 have myself heard a very old Methodist tell with glee and pride the story of a 
Methodist minister from the United States who, on being asked if he would pray for the 
King, answered, "I have no objections: I guess he is not past praying for," 

^Elmsley, in the report referred to above (p. 231), says: "It is possible that under 
the cover of one or other of these classes, attempts may be made by some of the wretched 
itinerant enthusiasts who infest the States and sometimes wander into this Province, 
to possess themselves of so valuable a privilege as the power of celebrating marriages, 
but it is hoped that the qualifications required by the Statute and the discretion vested 
in the Magistrates in Quarter Sessions will be sufficient to defeat their endeavours" 
(Can. Arch. Q. 284, pp. 51, 52). 

29 Elmsley says of this clause: "The last clause was framed in order to legalize certain 
marriages celebrated by a man who whatever his other qualifications, was unquestion- 
ably a Minister of the Church of Scotland" (Can. Arch., Q. 284, p. 52). 

80 It is possible that the "Bill for granting Indulgences to the people called Quakers, 
Menonists and Tunkers "which passed its third reading in the Assembly, June 23, 1801, 
but received the three months' hoist in the Council, June 24, 1801, on motion of Cart- 
wright and Baby was a Marriage bill; but I can find no reference to it of any kind, and 
have nothing but conjecture to offer. 

"Sixth Ont. Arch. Rep. (1909), p. 119. For leave only two votes were given, those of 
Timothy Thompson of Lennox, Hastings, and Northumberland, and David McGregor 
Rogers of Prince Edward and Adolphustown. 

* 2 Sixth Ont. Arch. Rep. (1909), pp. 263, 265, 268, 269, 270. 272: Seventh Ont. Arch. 
Rep. (1910), p. 160. The vote in the House of Assembly was 9 to 5 for the bill: the 
Council was apparently unanimous against it. 

"Eighth Ont. Arch. Rep. (1911), pp. 63, 64, 71, 73, 75, 77, 78: Seventh Ont. Arch. 
Rep. (1910), pp. 262, 263. 

"Eighth Ont. Arch. Rep. (1911), pp. 133, 135, 137, 159, 171, 172, 173, 176, 177: 
Seventh Ont. Arch. Rep. (1910), pp. 291, 292. 

"Eighth Ont. Arch. Rep. (1911), pp. 195, 201, 202, 204, 206, 208, 213, 214, 230, 
233, 237, 238: Seventh Ont. Arch. Rep. (1910), pp. 306, 309, 310, 31, 312, 313, 314, 
316, 317. The conferees for the House were Sherwood, Rogers, Washburn, and McLean 
(afterwards Chief Justice); for the Council they were Baby and Cartwright. It is 
almost grotesque to find Cartwright opposing the bill on the ground stated, but after 



THE LAW OF MARRIAGE IN UPPER CANADA 247 

his own case had been fairly provided for, his views seem to have undergone a radical 
change. 

36 Ninth Ont. Arch. Rep. (1912), pp. 183, 186, 195, 205, 217, 220, 221, 222. The 
vote was 12 to 7. The record of the proceedings of the Council for this year is lost: and 
no particulars are available of the course of the bill in Council. 

"Benajah Mallory, who had been elected for Norfolk, Oxford, and Middlesex in the 
fourth parliament (1804) and for Oxford and Middlesex in the Fifth Parliament (1808), 
and who had been unsuccessfully petitioned against by his Tory opponent, Samuel 
Ryerse, on the ground that he was "a preacher and teacher of the Religious Society 
or Sect called Methodists" did prove himself a traitor: he left the province, and not 
appearing to answer an indictment for high treason found against him at the Ancaster 
"Bloody Assize" in 1814, he was outlawed on July 3, 1815. 

38 Andrew Prindle, born in what is now Prince Edward County in 1780, ordained 
in 1806, is said to have been the first Canadian-born Methodist Episcopal minister in 
the province. 

39 Can. Arch., Sundries, U.C., 1821. 

"Ninth Ont. Arch. Rep. (1912), pp. 458, 462-8, 479, 506, 511-14. The records of the 
Council for 1818 are not extant. 

"The Act is (1818) 59 George III, c. 15 (U.C.). The title indicates that it was 
intended to "provide for the further solemnization of Marriage within the Province", 
but no such provision is to be found in the Act. 

"Tenth Ont. Arch. Rep. (1913), pp. 236, 244, 252, 253, 255. 

"Tenth Ont. Arch. Rep. (1913), pp. 270, 324, 377, 379, 391, 510. The Journals of 
the Council are not extant. 

"Tenth Ont. Arch. Rep. (1913), pp. 357, 424, 448. 

Tenth Ont. Arch. Rep. (1913), pp. 285, 321, 326, 443, 444. 

"Tenth Ont. Arch. Rep. (1913), p. 277. 

"Eleventh Ont. Arch. Rep. (1914), pp. 46, 47, 48. 49, 54, 72, 75, 77, 84, 90, 91, 115, 
116, 122, 125, 147. 

"Eleventh Ont. Arch. Rep. (1914), pp. 306, 319, 340, 342, 344, 403, 405; the divisions 
are given on pp. 340, 405. 

49 Eleventh Ont. Arch. Rep. (1914), pp. 451, 455, 458, 469, 475, 479, 534, 535. The 
"Wesleyan Methodists" were those in connection with the English body: Henry 
Ryan's Canadian Wesleyan Church was yet in the future, and he was in full communion 
with the Methodist Episcopal Church, being a presiding elder. A petition by "Re- 
formed Methodists" to be relieved from militia duty was refused (Eleventh Ont. Arch. 
Rep. (1914), p. 302). This petition was very unjustly made use of to cast discredit 
upon Methodists generally. The "Reformed Methodists" had their origin with Pliny 
Brett who left the N.E.M.E. Conference in 1813, and formed the new Church of Re- 
formed Methodists. A few in Upper Canada especially in and about Ernesttown 
joined the secession about 1816-17; they believed in modern miracles, and much re- 
sembled the "Nazarites" of the United States. The connexion did not last long in 
Upper Canada. 

"Ninth Ont. Arch. Rep. (1912), pp. 422, 423. 

51 This opinion has frequently been published: it is found in convenient form in 
Charles Lindsey's Clergy Reserves, Toronto, 1851, p. 9. 

"Journals, House of Assembly, 1825-6, pp. 15, 28, 78, 79. The minority were 
Bartholomew Crannell Beardsley of Lincoln, Thomas Horner of Oxford, Edward 
McBride of Niagara (Town) and Peter Perry of Lennox and Addington. It is impossible 
from the division list to determine upon what the House actually divided. It was in 



248 THE CANADIAN HISTORICAL REVIEW 

this session that the attack upon Chief Justice Powell for being a member of the Execu- 
tive Council was made in the House (Journals, Legislative Council, 1825-6, pp. 28, 30, 
31, 35, 43, 50, 52). 

"Journals, House of Assembly, 1826-7, pp. 3, 19, 39, 80, 83. Journals Legislative 
Council, 1826-7, pp. 63, 66, 71. 

"Journals, House of Assembly, 1828, pp. 19, 21, 22, 91, 106, 113, 114. On the first 
division the attorney-general, John Beverley Robinson, stood alone; in the second he 
was joined by Francis Baby (Essex), Duncan Cameron (Glengarry), James Gordon 
(Kent), Charles Ingersol (Oxford), Charles Jones (Leeds), Jonas Jones (Grenville), 
William Scollick (Halton), William Thompson (York and Simcoe), Philip VanKoughnet 
(Stormont), and Reuben White (Hastings), the full Tory strength; in the third division 
the attorney-general carried with him of his former fellows Cameron and Scollick, he 
acquired Zaccheus Burnham (Northumberland), David Jones (Leeds), Archibald 
McLean (Stormont), John Matthews (Middlesex), who had not voted on the previous 
division; VanKoughnet and White deserted him for the winning side. 

"Journals, House of Assembly, 1829, pp. 5, 9, 13, 46, 47, 48, 76. Journals Legis- 
lative Council, 1829, pp. 18, 24, 29, 30, 31, 57, 92. 

66 Can. Arch., Q. 351, I, p. 85. The letter is mostly on university matters. 

"Can. Arch., Q. 351, p. 326. 

"Journals, House of Assembly, 1830, pp. 1, 3, 14, 60, 66. Journals, Legislative 
Council, 1830, pp. 11, 13, 20, 73. 

M The first two were staunch Liberals, the second rather uncertain, and the fourth 
was replaced by Paul Peterson, an undoubted Liberal. 

60 Journals, House of Assembly, 1831, pp. 3, 5, 13, 14, 15, 16, 19, 28, 31, 32, 45, 46, 
47, 75. Journals Legislative Council* 1831, pp. 42, 44, 52, 54, 55, 66, 68, 69. 

"Regina v. Duckout (1893) 24 O.R. 250. 

62 Rex v. Brown (1908) 17 O.L.R. 197. Robert Brown got up a congregation in 
Toronto, "The First Christian Chinese Church, Toronto", and as the minister of that 
church solemnized marriages; he was convicted, and the conviction was affirmed by 
the Court of Appeal. 



NOTES AND DOCUMENTS 



EDWARD BLAKE'S AURORA SPEECH, 1874 

There have been few political speeches in Canada which have 
been more justly famous, and which have exerted a wider in- 
fluence on Canadian popular opinion, than Edward Blake's 
"Aurora Speech" of October 3, 1874. The speech was delivered 
at a time when Edward Blake had taken up a somewhat inde- 
pendent attitude toward the Liberal party under Alexander 
Mackenzie and George Brown, and was leaning toward the 
doctrines of the new nationalist or "Canada First" party. It 
was, indeed, little more than an elaboration of the platform of 
the Canadian National Association; but it served to give the 
ideas of the Canadian nationalists a currency which they had 
not gained before, and in its bold and daring originality it gave 
a real stimulus to Canadian political thought. A speech which, 
nearly half a century ago, advocated such advanced ideas as the 
necessity for the growth of a national feeling in Canada, the 
reorganization of the Empire on a federal basis, the reform of 
the Senate, compulsory voting, and proportional representation, 
can only be described as a landmark in Canadian politics. 

The "Aurora speech" was reproduced though very grudg- 
ingly and in piecemeal instalments in the Toronto Globe a few 
days after it was delivered. This report of the speech was after- 
wards reprinted in pamphlet form, together with copious extracts 
of newspaper comment, under the title, "A National Sentiment!" 
Speech of Hon. Edward Blake, M.P., at Aurora (Ottawa, 1874). 
But this pamphlet is now very rarely seen, and the back fyles of 
the Globe for 1874 are to be found in very few places. It has, 
therefore, seemed worth while to reprint the speech in full here, 
and more particularly since, as the result of Edward Blake's own 
wishes, it appears that there is to be no official biography of him, 
or official publication of his letters and speeches. 

W. S. WALLACE 

249 



250 THE CANADIAN HISTORICAL REVIEW 

[Reprint] 

Mr. Chairman, Ladies and Gentlemen, You will allow me to add 
my congratulations to those of the previous speakers upon the happy 
circumstances under which you are to-day assembled, and to express my 
own feeling of rejoicing that the first occasion upon which I have been 
permitted to address the electors of this historic riding, should be that 
of the celebration of an event not unimportant in your own annals or 
in those of Canada at large the victory which has brought back to the 
standard around which it had rallied for so many years the united 
Liberal party of this riding. I recollect the political history of this 
constituency for a good many years. Up to the year 1871, when we 
made our calculations as to the probable results of a general election 
there was never any doubt or hesitation as to what might be the verdict 
of North York, but from 1871 to the late election all this was changed, 
and I am very glad indeed that a riding which had in the past played 
the part Nprth York has played, should have by a very decisive majority 
restored its fair name and fame, and brought itself once more into good 
standing amongst the Liberal constituencies of Canada. (Cheers.) My 
friend, Mr. Mowat, who has spoken, has given you a very interesting 
account of the finances, and a terse but clear statement of the general 
course of legislation of the Province since the accession to office of the 
Liberal party. I do not propose to touch upon those topics at all. I 
desire simply to say that, having been for the last two years an observer, 
though not so close an observer as before, of the course, administrative 
and legislative, of the Provincial Government without pretending to 
be able to form an accurate judgment as to all the petty details in respect 
of which my friends have been accused, being obliged in fact to confess 
to you frankly that I have never had the time to enter into the cal- 
culations necessary to come to a conclusion whether or not they paid too 
much for the fence around the Parliament Buildings (laughter and 
applause) yet, speaking of larger matters, which are fit to occupy the 
attention of an intelligent people, the general course of administration 
and legislation has been such as to commend itself to my poor judgment, 
and in my belief to entitle that Government to the confidence, the 
respect, the affection, and the continued support of the people of this 
Province. (Cheers.) With reference to the questions which are likely 
to come before the country at no distant time, some of these, as my 
friend Mr. Dymond remarked to you, are in such a position that they 
may not, to the public advantage, be at this instant discussed. There 
is, for example, a question which is of extreme importance to the people 
of this country. I refer to the negotiations for a Reciprocity Treaty 
now pending. (Hear, hear.) Without, in the slightest degree, pre- 



EDWARD BLAKE'S AURORA SPEECH 251 

suming to set up my judgment against that of those who have thought 
it to the public advantage to discuss the draft Treaty at this time, I 
confess I never have been able to agree in that view, and for this reason 
You are aware that the question, whether this draft shall be agreed to 
or rejected, is to be discussed and disposed of by the Senate of the 
United States next December, and it seems to me that every argument 
that may be used just now in Canada in favour of that Treaty, by those 
who do favour it, is an argument calculated more or less to damage the 
chances of its approval by the Sfeiiate, who will, I fancy, look at it from 
the exactly opposite point of view. On the other hand, with reference 
to those Canadians whose opinion is against the Treaty, all the arguments 
they use, all the meetings they convene, all the resolutions they pass, 
seem to me to be so many invitations to the Senate of the United States 
to pass the Treaty and take that step at any rate towards the con- 
summation which they are deprecating all the time. (Hear, hear.) 
Therefore it appears to me inexpedient for either side to discuss it now, 
but I quite agree that it is a question which will at the proper time demand 
at the hands of the representatives of the people the fullest consideration 
and the most exhaustive discussions. I think the general principle 
upon which our judgment is to be formed are not far to seek. We shall 
have to consider, in case we be given the opportunity of passing judg- 
ment upon the question, whether the document is one which will, as a 
whole, without doing gross injustice to any important interest, tend to 
the general advantage of this country. We are to take, not indeed an 
undistinguishing, but at the same time a broad, view of that question, 
and we are to decide it freely for ourselves. I entirely demurred to the 
line of action taken outside and in Parliament with reference to the 
Treaty of Washington. I insisted that Parliament ought to be perfectly 
free, since the question was remitted to it, to determine whether the 
acceptance or the rejection of its terms was in the interest of the country. 
What I said then I now repeat, and I am sure it will be found when 
Parliament does meet, should this question be brought before us, that 
the large majority which sustains the Government will be disposed to 
deal with it upon that basis only. I regret under these circumstances 
that at a recent assemblage of the Liberal-Conservative party, .so called, 
of this Province, a party platform was enunciated, a party line taken 
with reference to this Treaty, and it surprised me not a little to see that 
while their Press earnestly denounced the supposition that it was to be 
made a party measure on the Ministerial side, they should have been 
first, in solemn convention assembled, to take a party line on the other. 
Those who have preceded me have referred at some length to the actions 
of the past. I desire to say something of the present and the future, 



252 THE CANADIAN HISTORICAL REVIEW 

illustrated, it may be, by the reference to the past; and I turn to another 
question of very great practical importance the present position of 
the Pacific Railway matter. You will have observed that when the 
Government of which I was then a member undertook to deal with that 
question, their policy was enunciated in distinct terms to the electors 
before the late appeal, and that policy was most unequivocally approved, 
first at the polls and subsequently in Parliament, (Hear, hear.) I 
see that a deputation has been sent to England; that the people of 
British Columbia no, not the people of British Columbia, for I do not 
believe they as a body sympathize with these extreme views that the 
Government of British Columbia has sent a deputation to England 
urging that some measure should be taken to force the Government and 
people of this country to do more than has been proposed with reference 
to that railway. We last session took the unpleasant step of very 
largely increasing the rate of your taxation in order to provide funds 
towards the fulfilment, so far'as practicable, of this and other obligations 
imposed on you by the late Government. Every man among us is now 
paying one-sixth more taxes than before in order to this end. Parlia- 
ment has agreed that the work shall be done just as fast as it can be 
done without further burdening the people of this country, and I believe 
that the step just taken is a very long step on the part of the people 
of this country in redemption of the pledge given to British Columbia. 
At the period when terms were proposed to British Columbia which her 
rulers did not see fit to accept, I had ceased to be a member of the 
Canadian Government. Those terms in my opinion went to the extreme 
verge, and demonstrated the existence of an earnest desire to do every- 
thing which could be with any show of reason demanded, and I 
should very much regret if any attempt were made to entangle the 
country further, or arrange for the commencement and prosecution of 
the work more rapidly than is involved by the term so offered, and the 
large provision which we made by the increase of taxation last session. 
We are called upon to commence the work immediately. I do not 
know that I can point out to you more strikingly the rashness the 
insanity of the bargain thrust upon you by your late rulers, than by 
telling you that the abandoned line of the Eraser abandoned early 
because it was thought by the engineers to be so expensive and difficult 
as to be impracticable has been returned to, as affording the prospect 
of a better line than those upon the exploration of which such large 
sums have been expended. And this is the state of things long after 
the railway should, under the bargain, have been begun. We are asked 
to begin at once, though we cannot yet find a route, and while a mistake 
in the choice may involve an extra expenditure not only of many millions 



EDWARD BLAKE'S AURORA SPEECH 253 

in the first cost, but of annual millions more in the running of the road. 
(Hear, hear.) Until these surveys are thoroughly completed, and until 
we have found the least impracticable route through that inhospitable 
country, that "sea of mountains," it is folly to talk of commencing the 
work of construction. Speaking conjecturedly, I am of the opinion 
that the British Columbia section of the railway, even if it turns out to 
be practicable as an engineering work, will involve an enormous expendi- 
ture, approximating to $36,000,000, and after its completion will involve 
an enormous annuaj charge on the revenues of the country for its running 
expenses; and I doubt much if that section can be kept open after it is 
built. I think the chief advantage the British Columbians will derive 
from the enterprise will consist in the circulation of money, and the 
profits of mercantile operations attendant on the construction, and that 
Canada will be a frightful loser by the affair. Now, even under these 
circumstances the fact that the population of British Columbia is only 
some 10,000 altogether, representing, perhaps, not so many householders 
as the audience I now see before me, ought not to disentitle them to 
say "You shall fulfil your bargain, or release us from our bonds." 
It is their right to take such a course, if they think fit, but I deny that 
this is any reason why we should plunge this country into ruin by the 
attempt. I have some reason to believe that these people are sufficiently 
sensible and reasonable to recognize and act on the truth of the matter, 
unless, indeed, they are sustained by agitators in this country, who are 
willing for the sake of creating an embarrassment to the Government, 
to excite false and delusive hopes among them. The temper of Parlia- 
ment you may judge from the fact that during last session an amend- 
ment was moved by one of the British Columbia members insisting 
upon an early prosecution of the work in that Province, but he was 
sustained by five members only two or three from his own Province, 
and a couple of those who my friend Mr. Mowat delights to call Ontario 
Tories. (Laughter.) If under all the circumstances the Columbians 
were to say "You must go on and finish this railway according to the 
terms or take the alternative of releasing us from the Confederation," 
I would take the alternative! (Cheers.) I believe that is the view 
of the people of this country, and it may as well be plainly stated, 
because such a plain statement is the very thing which will prevent the 
British Columbians from making such extravagant demands. If these 
2,000 men understand that the people of Canada are prepared, in pre- 
ference to the compliance with their ruinous demands to let them go 
and to leave them to build the Columbia section with their 10,000 
people, their tone will be more moderate, and we shall hear no talk 
about secession. The principal person who has spoken of it hitherto is 



254 THE CANADIAN HISTORICAL REVIEW 

Sir John A. Macdonald, who almost invited it in his election speech 
during the late contest. They won't secede, they know better. Should 
they leave the Confederation, the Confederation would survive, and 
they would lose their money. (Laughter.) With regard to those 
sections of the railway which involve the communication between our 
interior seaboard and the great Northwest, the utmost diligence is being 
used to put them under contract. I go heart and soul for the con- 
struction of these lines as rapidly as the resources of the country will 
permit, in conjunction with an extensive scheme of immigration and 
colonization. The work of construction in itself will afford very great 
facilities for the rapid colonization of those territories: the annual cash 
expenditure in labour will produce attractions enabling us to a consider- 
able extent to people the land. The interests of Canada at large point 
very prominently to a speedy settlement of that country. In my own 
humble belief the future of Canada as a distinct State, the representative 
of British power on this continent, largely depends upon our success 
in colonizing that region, and what is equally important and perhaps 
more difficult on our success in retaining its sympathies, its trade, its 
commerce afterwards. Fertile as is the soil, great as are the resources, 
glorious as are the prospects with reference to production, it is certain 
that the distance from the great markets of the world of the inland 
portions of that country will form one great difficulty to be overcome. 
You have read of the war which is going on between the farmers and the 
railways on the Western States, the attempt which is being made to 
cut down freights by legislation. But I do not find that those railways 
are very rich. The fact is the war is a war against distance; it is a 
war against time and space ; and that is the war the farmers of the 
North-west will have to encounter. We ought to help as far as possible 
the successful prosecution of that war, and to that end we must do 
what was so much ridiculed during the late campaign we must improve 
the water communication of the North-west; you can carry by water 
for one-fifth the cost by rail, and you may be able to carry at a profit 
if you can get water communication when it would not pay you to grow 
wheat to be shipped by rail. (Hear, hear.) This is the more important 
because new sources of supply are opening now in England, and it is 
likely that the price of breadstuffs will rather fall than rise. I look on 
the success of our enterprises in the settlement of the North-west as 
practically dependent on the improvement of the water ways. Of course, 
there must be railways at once to connect the sheets of water, and 
eventually a through line; but I am confident that a bushel of wheat 
will never go to England over an all-rail route from the Saskatchewan 
to the seaboard, because it would never pay to send it. We must take 



\ 



EDWARD BLAKE'S AURORA SPEECH 255 

it in the speediest and cheapest way to the head of Lake Superior, 
where our splendid St. Lawrence route commences; and we must use 
every effort to avert the threatened danger of a diversion to the States 
of the trade relations of that country. Let me turn to another question 
which has been adverted to on several occasions, as one looming in the 
not very distant future. I refer to th'e^rejations of Canada_Jo__tht; 
Ernjjire. Upon this topic I took, three or four years ago, an oppor- 
tunity of speaking, and ventured to suggest that an effort should be 
made to reorganize the Empire upon a Federal basis. I repeat what I 
then said, that the time may be at hand when the people of Canada 
shall be called upon to discuss the question. Matters cannot drift much 
longer as they have drifted hitherto. The Treaty of Washington pro- 
duced a very profound impression throughout this country. It produced 
a feeling that at no distant period the people of Canada would desire that 
they should have some greater share of control than they now have in 
the management of foreign affairs; that our Government should not 
present the anomaly which it now presents a Government the freest, 
perhaps the most democratic in the world with reference to local and 
domestic matters, in which you rule yourselves as fully as any people 
in the world, while in your foreign affairs, your relations with other 
countries, whether peaceful or warlike, commercial or financial, or 
otherwise, you may have no more voice than the people of Japan. 
This, however, is a state of things of which you have no right to com- 
plain, because so long as you do not choose to undertake the responsi- 
bilities and burdens which attach to some share of control in these 
affairs, you cannot fully claim the rights and privileges of free-born 
Britons in such matters. But how long is this talk in the newspapers 
and elsewhere, this talk which I find in very high places, of the desir- 
ability, aye, of the necessity of fostering a national spirit among the - 
people of Canada, to be mere talk? It is impossible to foster a national 
spirit unless you have national interests to attend to, or among people 
who do not choose to undertake the responsibilities and to devote them- 
selves to the duties to which national attributes belong. We have been 
invited by Mr. Gladstone and other English statesmen notably by 
Mr. Gladstone, in the House of Commons, very shortly before his 

Government fell, to come forward. Mr. Gladstone, speaking as Prime . 

Minister of England, expressed the hope he cherished, that the Colonies 
would some day come forward and express their readiness and desire to 
accept their full share in the privileges and responsibilities of Britons. 
It is for us to determine not now, not this year, not perhaps during 
this Parliamentary term, but yet, at no distant day what our line shall 
be. For my part I believe that while it was not unnatural, not un- 



256 THE CANADIAN HISTORICAL REVIEW 

reasonable, pending that process of development which has been going 
on in our new and sparsely settled country, that we should have been 
quite willing we so few in numbers, so busied in our local concerns, so 
engaged in subduing the earth and settling up the country to leave the 
cares and privileges to which I have referred in the hands of the parent 
State; the time will come when that national spirit which has been 
spoken of will be truly felt among us, when we shall realize that we 
are four millions of Britons who are not free, when we shall be ready to 
take up that freedom, and to ask what the late Prime Minister of England 
assured us we should not be denied our share of national rights. To- 
morrow, by the policy of England, in which you have no voice or control, 
this country might be plunged into the horrors of a war. It is but the 
other day, that without your knowledge or consent, the navigation of 
the St. Lawrence was ceded forever to the United States. That is a 
state of things of which you may have no right to complain, as long as 
you can choose to say: "We prefer tt> avoid the cares, the expenses and 
charges, and we are unequal in point of ability to discharge the duties 
which appertain to us as free-born Britons;" but while you say this, 
you may not yet assume the lofty air, or speak in the high pitched tones, 
which belong to a people wholly free. The future of Canada, I believe, 
depends very largely upon the cultivation of a national spirit. We are 
engaged in a very difficult task the task of welding together seven 
Provinces which have been accustomed to regard themselves as isolated 
from each other, which are full of petty jealousies, their Provincial 
questions, their local interests. How are we to accomplish our work? 
How are we to effect a real union between these Provinces? Can we do 
it by giving a sop now to one, now to another, after the manner of the 
late Government? By giving British Columbia the extravagant terms 
which have been referred to; by giving New Brunswick $150,000 a year 
for an export duty which cannot be made out as worth more than 
$65,000 a year? Do you hope to create or to preserve harmony and 
good feeling upon such a false and sordid and mercenary basis as that? 
Not so! That day I hope is done for ever, and we must find some other 
and truer ground for Union than that by which the late Government 
sought to buy love and purchase peace. We must find some common 
ground on which to unite, some common aspiration to be shared, and I 
think it can be found alone in the cultivation of that national spirit to 
i which I have referred. (Cheers.) I observe that those who say a word 
/ on this subject are generally struck at by the cry that they are practically 
advocating annexation. I believe that the feeling in the neighbouring 
Republic has materially changed on this subject, and that the notions 
which were widely spread there some years ago, and the desire to possess, 



EDWARD BLAKE'S AURORA SPEECH 257 

as one Republic, under one Government, the whole of this continent, 
from north to south, have died away. A better and a wiser spirit, I 
believe, now prevails largely due, perhaps, to the struggles which are 
unhappily occurring in that country. The attempt to reorganize the 
South has been going on for some years, and owing, I think, to a very 
great error in judgment as to the way in which it should be effected, it 
has been largely a failure. There is great difficulty, and there are 
frequent disorders in the South. Then there are the conflicts of interest 
between the Eastern and Western States, very great conflicts and 
heartburnings. Then there are the alarming difficulties and complica- 
tions arising from the inordinate political power which has been grasped 
by great corporations. And I think that the best and wisest minds in 
the United States have settled down to the conviction that the manage- 
ment of the United States with its present territory is just as difficult 
a task as their best men can accomplish, and that it would not be wise 
to add to their existing complications and difficulties by any such un- 
wieldy accession or unmanageable increase as this great domain, the 
larger half of the whole continent, would be. I think that among those 
circles in the United States which are to be looked to as influencing 
the future, there is a great modification of view on this point, and there 
would be, even were we disposed,, as I hope we shall never be disposed, 
to offer to join them, a great reluctance to take us. But I believe 
we have a future of our own here. My opinion coincides with those to 
which I have- been referring in the United States. I believe that that 
country is even larger than it ought to be in order to be well governed, 
and that an extension of its territory would be very unfortunate in the 
interests of civilization. "Cribbed, cabined, and confined" as we our- 
selves are to the South by the unfortunate acts of English diplomatists 
in the past, giving up to the United States territory which, if we had it 
to-day, would make our future absolutely assured, but still retaining as 
we do the great North-west, I believe we can show that there is room 
and verge enough in North America for the maintenance of two distinct 
governments, and that there is nothing to be said in favour, but on the 
contrary everything to be said against, the notion of annexation. 
These are the material reasons, independent altogether of the very 
strong and justly adverse feeling arising from our affection for and our 
association with England, and the well settled conviction which, I 
believe, exists among the people of this country that a Constitutional 
Monarchy is preferable to a Republican Government. The Monarchical 
Government of England is a truer application of real Republican prin- 
ciples than that of the United States, and I have no hesitation in saying 
that the Government of Canada is far in advance, in the application of 



258 THE CANADIAN HISTORICAL REVIEW 

real Republican principles, of the Government of either England or the 
United States. (Cheers.) But, with the very great advantages which 
we enjoy over that portion of our fellow-subjects living in England, by 
reason of our having come into a new country, having settled it for our- 
selves, and adapted our institutions to modern notions, by reason of our 
not being cumbered by the constitution of a legislative chamber on 
the hereditary principle, by reason of our not being cumbered with an 
aristocracy, or with the unfortunate principle of primogeniture and the 
aggregation of the land in very few hands, by reason of our not being 
cumbered with the difficulties which must always exist where a com- 
munity is composed of classes differing from one another in worldly 
circumstances so widely as the classes in England differ, where you 
can go into one street of the City of London and find the extreme of 
wealth, and a mile or two away the very extreme of poverty; living, as 
we do, in a country where these difficulties do not exist, where we early 
freed ourselves from the incubus of a State Church, where we early 
provided for the educational needs of our people, under these happy 
circumstances, with these great privileges, there are corresponding re- 
sponsibilities. Much remains to be done even here before we can say 
that the ideal of true popular Government has been reached ; and some 
mistakes have been made, in my poor judgment, in the course already 
taken. I do not believe it is consistent with the true notion of popular 
Government that we should have a Senate selected by the Administration 
of the day, and holding their seats for life. (Cheers.) .1 am not of 
those who would be disposed to abolish the Senate at this time. The 
Senate was supposed by those who framed the Constitution of the 
United States to which we are bound to look as the framers of our 
Constitution looked to be the representative of the various States as 
States, in which, being as States equal and co-ordinate sovereignties, 
they had, however unequal in their population and wealth, equal repre- 
sentation. That was the notion upon which, in the framing of that 
Constitution and in the framing of ours, a Senate was introduced. I 
am not prepared at this time to take the step of dispensing with the 
Senate. I desire to see a Senate selected upon truly popular principles, 
and in a way consistent with popular government, and I am inclined to 
believe that a Senate so selected would be a useful and influential body, 
and might perhaps accomplish an important object by removing from 
the House of Commons the notion that the delegation in that body 
from each Province is to act as an isolated band in defence of Provincial 
rights and in assertion of Provincial interests. Is it consistent with the 
notion that the Senators should represent the several Provinces that 
they should be selected by one Government? We know that under our 



EDWARD BLAKE'S AURORA SPEECH 259 

form of Government the Governor-General has no controlling voice in 
the selection of these gentlemen, that the Cabinet recommend A or B 
to him and he appoints him, or, if he does not, his Ministers go out of 
office. The practical result is that the Ministry of the day name the 
Senators. They name them for life. They may possibly be very good 
and efficient men when they are placed in the Senate. But even so they 
may become, as, I suppose, most of us will become some day, utterly 
effete, utterly incapable of discharging the duty for which they were 
selected, but so long as they can drag their weary limbs to Parliament 
once every second session, so long as they can be supported there, as I 
have seen them supported to the halls of Parliament to save their 
position, and sit for an hour or so as to register their names, they hold 
their seats as Senators, and are supposed to represent the special interests 
of the Province for which they were selected. That is one evil, supposing 
the selections to have been such as ought to have been made in the first 
instance, but we all know they have not been such as a rule. If the 
members of the Senate are to be the guardians of the interests of the 
Provinces, it is the provincial mind which should be referred to as to 
their appointment, and my own opinion is that the Senate, besides 
being very largely reduced in number, should be composed of men selected 
either immediately or mediately by the Provinces from which they 
come. I believe in the mediate mode of selection; I think that the 
selection by the Legislature of the Province and the appointment for 
moderate terms, not going out all together, but at different periods, 
would be a system under which that body would obtain an importance 
and a value hardly dreamed of under the present system. You want 
that body not to change as rapidly as the popular body, not to be com- 
posed exactly of the same class of men, but to change from time to time. 
You do not want a set of old gentlemen there with notions of the time 
when they were appointed perhaps, but which have not advanced with 
the age, to be dreaming in the Senate, blocking improvements in legisla- 
tion as far as they dare, and only conceding them under an extreme 
pressure of public opinion. (Hear, hear.) You want a body to which 
it would be an honour to send- any of the principal men of a Province, 
and which would have an importance which the United States Senate 
once had, and, though the lustre has perhaps diminished, still to some 
extent retains. (Cheers.) I think also that something may still be 
done towards securing freedom and purity of ^election. I am amongst 
those members of the Liberal party who are prepared to express their 
very great regret at the disclosures which have recently taken place in the 
Election Courts. From the earliest moment of my entrance into public 
life, I have taken a very earnest part in the effort to bring about freedom 



260 THE CANADIAN HISTORICAL REVIEW 

and purity of election. In these struggles I did not say that my friends 
of the Liberal party had never resorted to improper means of securing 
their elections I said you must not expect a different result when you 
enacted sham laws, professing to prohibit bribery and corruption, while 
you refused to provide proper means of enforcing those laws. I said 
that as long as it was seen that there were no means of carrying out 
these laws, the situation was worse than if there was no law, and both 
parties would go on disregarding the law, until it ended in the retirement 
of honest men as candidates for public life, and in the retirement from 
any participation in politics of those citizens whose notions of propriety, 
morality, and respect for the laws prohibited them from using such 
unlawful means. We were resisted both in the Local and Federal 
Legislatures as long as resistance was feasible, but fortunately for the 
Province, we were able to obtain a stringent law in Ontario before the 
elections of 1871, and the result was that these elections were infinitely 
purer than before. Though some of the elections were voided by illegal 
practices, the sums spent were not large, the corruption was by no means 
widespread, and the election may be said to have been comparatively 
fair. We were unable to get the law in the Dominion for the elections 
of 1872. The country in that contest was flooded with money, and I 
suppose it was the most corrupt election which ever took place in Canada. 
But public opinion was so strong on the subject that the Government 
which had refused to pass the law brought it in during the next session, 
and that law was in force when the elections of 1874 took place. I 
rejoice that it was so, and I repeat what I have said before, that I would 
not, as a member of the Government, have taken the responsibility of 
concurring in the dissolution of 1874, if that law had not been on the 
Statute Book. The result of the elections, as you are aware, was a 
very extraordinary victory of the Liberal party. A number of petitions 
have been presented, some on each side, and it has been found that no 
single election which was brought before the judges was conducted 
properly according to the law. Although no candidate has been found 
guilty of any impropriety, it has been found that many men belonging 
to the Liberal party, and prominent in the electoral districts, so far 
forgot what was due to their country and to their party as to be engaged 
in the disposition of funds in an illegal manner. My own opinion 
founded upon my knowledge of what took place in some cases, upon 
what has come out before the judges, and upon the fact that, though it 
was competent to each of the petitioners to ask not only that the seat 
should be voided but that the other candidate should be seated if his 
hands were clean, none of them have dared to do so is that there was 
an equivalent or a larger amount of illegal expenditure on the other side. 



EDWARD BLAKE'S AURORA SPEECH 261 

I have no doubt that if these gentlemen who are prosecuting those 
petitions with such energy and I rejoice to see that energy displayed 
had dared to say not merely "You have been guilty of corruption," 
but "our candidate has not, and he can, therefore, take, and asks the 
seat," they conceded ttyat the verdict of the people on the new elections, 
will be as a rule, in favour of the unseated member; and these people, 
understanding that perfectly well, would be very glad to have their 
candidate seated by the decision of the judges rather than undergo a 
new election to receive another adverse verdict. I do not believe the 
result of the elections has been materially affected by the expenditure, 
*but there is no doubt of the gross impropriety of the acts disclosed; 
and the only excuse for it that I can see is that these gentlemen could 
not have fully realized that we had got the boon we had been struggling 
for, but thought the old corrupt course would be followed by the other 
side, and that whosoever won by any means, would keep the seat. In 
that case the results of these trials will have disabused the people of this 
country of any such idea. They will have found that we of the Liberal 
party who represented you in Parliament were not so recreant to our 
trust as to make an appeal to the country without a law which would be 
effective, and that we have got a law which will enable the people to 
conduct elections purely and to punish those who are guilty of corruption. 
I have a good hope that what has taken place will produce a beneficial 
effect on the men of both parties in the elections for the Local Legislature 
and that we may then see an election even purer than that of 1874. I 
need not, I suppose, repeat to the people of this riding the exhortation 
which I have addressed to other ridings the exhortation addressed to 
the country generally by the Government through the address of Mr. 
Mackenzie before the late general election. I would point out to you 
that even a good law by which effective machinery is provided is almost 
useless unless the popular sense and feeling be committed to the support 
of it, and that the main force and efficiency of any such law is dependent 
upon the mind, the will, and the determination of the people to sustain 
the law and frown down those who transgress it. I hope the Liberal 
party of this Province will take that course. I believe they will. I have 
a firm confidence that now, both sides having learned that there is a 
means by which corruption can be discovered, and that the discovery 
of that corruption, practised by those who have acted with the con- 
currence of the candidate, will destroy the illusory victory which has 
been gained, the axe has been laid at the root of the tree, and we shall 
have fair elections for the time to come. There is another improvement 
on the Statute Book of which we have not received the advantage yet. 
I mean the ballot. But I think that still further improvements might 



262 THE CANADIAN HISTORICAL REVIEW 

be achieved. I think every one will agree with me that one of the great 
difficulties in securing freedom of election in the past has been the icluct- 
ance of voters to go to the polls, the difficulty that was made about it, 
the compliment it was supposed to involve, and the attempt too 
successful in many cases to extort money as team-hire for going, when 
the voter ought to have been proud and happy to drive or walk, and if 
he had a team, while his neighbour had none, to take his neighbour as 
well, so as to strike his blow for the good cause. (Cheers.) I believe 
it is under the guise of hiring teams that bribery has to the greatest 
extent permeated the body of the electors. I believe that another 
system of bribery which has gained ground of late years is that of paying 
voters to abstain from voting. That is the system which is most likely 
to be resorted to under the ballot, for this reason; if you buy a man to 
stay at home, you can always tell whether he has kept his bargain or not : 
but if you buy him to vote for you, you cannot tell whether he has, 
because he may have voted against you. I am strongly impressed with 
the idea that some provision whereby voters should no longer imagine 
that they were to be invited, allured, complimented, attracted to the 
poll, their teams paid for, themselves solicited to go, would be a proper 
provision. Who are we who vote? Is it a right only that we exercise 
or a trust? We are but a very small proportion, perhaps not more than 
an eighth of the population, male and female, men, women and children. 
Is it in our own interests or for our own rights only that we vote? Are 
our own fates alone affected by our votes? Not so. The whole popula- 
tion of the country, our wives, our sisters, and our children, those male 
adults who have no votes, all these are affected by it. Therefore it is a 
trust, a sacred trust, which the voter holds in the exercise of franchise. 
True, it is a right, because the voter, in common with the rest of the 
community, is affected by the laws which are passed; but he is bound 
to vote in the interests of the whole community ; and therefore I do not 
see why the Legislature should not point out to him that it is his duty, 
if he chooses to allow himself to remain on the register, to exercise the 
trust which he has undertaken. I would not go against any man's 
conscience. There may be some men, even in this country, of a peculiar 
persuasion, who hold it wrong to vote, but a provision permitting any 
man, upon his own application to the County Judge on the revision 
of the rolls, to be disfranchised, would get rid of any difficulties on the 
score of conscience. But if a man chooses that his name shall be retained 
on the list amongst the electoral body which is itself a representative 
body, for those tens of thousands represent the hundreds of thousands 
for whom they vote and in effect legislate then let him be told that it is 
his duty to exercise the franchise. I would not force him to vote for a 



EDWARD BLAKE'S AURORA SPEECH 263 

particular person. He may say: "I do not like either of the men." 
A man may be so crotchety and difficult to please that he cannot make 
a choice between the candidates. We cannot help that; our ballot is 
secret; but let the voter, at all events, go to the booth and deposit his 
ballot. Whether it be a spoilt ballot or a blank ballot we shall not know, 
but I think it is likely that every man who goes to the booth will deposit 
an effective ballot. I think those who remain on the roll should be 
compelled by law to deposit their ballots, and that a law establishing 
some penalty for the breach of this provision, unless they excuse them- 
selves by proof of illness or absence from the constituency, would be a 
good law, and as far as this branch of the subject is concerned, would 
tend largely to increase the virtue of our present electoral system. 
Besides a moderate penalty to be sued for, I would be disposed to add a 
provision that the man who had failed to vote at an election, whether 
general or special, and who within 30 days did not file a solemn declara- 
tion excusing himself upon one ground or the other, should not be 
entered upon the roll of voters again at any period until after the next 
general election, so that he should not be counted amongst the trustees 
of the popular right, for a certain period at any rate. (Cheers.) You 
know how difficult it is to get men to vote at a special election. Men 
are busy in their fields or about their affairs, and they forget, I am sorry 
to say, how very few hours in the year they, as self-governors, devote to 
the discharge, of that highest and noblest privilege the privilege of 
self-government. Let them understand, if at an election they prefer 
their business, their pleasure, or their occupations to the exercise of the 
franchise, that until after the next general election at any rate, they who 
have been proved to be unfaithful guardians, and have shown their little 
regard for the rights and privileges they hold, shall have no further 
concern or part in these matters, and shall leave to the faithful trustees 
the control which is theirs by right. (Hear, hear.) It may be said: 
"You are proposing a law which will bring forward a number of persons 
who do not care about politics, and whom it is better not to have at the 
polls," but it is my object to prevent their being brought forward by 
improper means. A great many of them are brought forward now. 
The corrupt man says: " I cannot go, I cannot afford the time." He 
does it to get a few dollars. The indifferent men and there are many 
of them of a highly respectable class should be made to see that is part 
of their duty to vote. Once they understand that it is their duty to 
take part in elections, I believe they are moral enough and conscientious 
enough to take that part, and I believe it will be taken generally for the 
good of the country. I am sure you will agree with me that a proposal 
which is calculated to poll out the popular vote to the utmost extent is a 



264 THE CANADIAN HISTORICAL REVIEW 

proposal in the interest of real popular Government. There is much 
more likely to be a true expression of the people's feelings in that than in 
any other way. I do not intend to detain you with any remarks upon 
the general abstract question of the franchise. My own opinions on 
that subject I may perhaps give some other day. I may say that how- 
ever little the present character of our franchise answers the theoretical 
views and principles of some, there is no doubt that as a practical measure, 
in its actual working, it does give the vote to such a large proportion of 
the people of this Province, that the popular vote fully polled and rightly 
counted would be a fairly accurate exposition of the popular opinion; 
but I believe that even without attempting radical changes, without 
attempting to lay down a principle for the franchise more satisfactory 
than that which now prevails, there may be some practical reforms in the 
present system. I shall limit myself to two. You are aware that the 
general franchise is based upon the ownership or tenancy or occupation 
of real property of certain values. Now, it is deeply to be regretted, 
on many grounds, that the rural communities of this Province do not 
determine, once for all, to do away with the false and injurious system 
of under-assessing property which prevails amongst them. (Cheers.) 
I have said in the Legislature, and I repeat here, that it is a disgrace to 
the people of Ontario that we should find the vast mass of our property 
deliberately under-assessed forty, perhaps fifty, per cent., by officers 
sworn to assess it up to its full value (Hear, hear) and this with the 
concurrence of those whom you place in power. It is done, in fact, because 
your councillors sanction it, and sometimes even so instruct the assessors. 
It is generally a miserable short-sighted attempt to procure a favourable 
equalization of the county rate. A township thinks if its property is 
under-assessed no other township will get an advantage over it, ajnd so 
you have a system which is dishonest, which is a fraud on the face of it, 
and which, apajrt from its moral degradation, is injurious to the interests 
of the Province, because it keeps back from the knowledge of the people 
of England and of the world what our property is really worth. You 
tell them it is worth so many millions when the value might be truly 
doubled. It is injurious because such a system, artificial as it is, renders 
much more difficult a fair and equitable adjustment. In my city we are 
taxed very heavily, and we have found that the true course is to assess 
the property up to its full value, as that is the way in which every man 
is most likely to pay his fair share. But when you establish a fictitious 
basis, there are immense facilities for fraud and enormous difficulties in 
the way of a fair adjustment. More, it gives opportunities to partizan 
assessors which they could not have under a proper system, because if 
you bring down the assessment 50 per cent, you may bring it down to 



EDWARD BLAKE'S AURORA SPEECH 265 

the margin of the qualification, while if you have a fair valuation there 
would not be a man who would not be entitled to vote on any cottage 
or plot of land on which he lives. But when you under-assess you give 
the opportunity for fraud. I have seen a column of lots assessed at 
$190 and another column assessed at $210. What did that mean? 
Why, we all know that it meant simply that the $190 men were all of 
one stripe of politics, and the $210 men of the other stripe. (Cheers and 
laughter.) The thing would have been quite out of the question if you 
had determined to make your assessors assess justly and rightly. There 
is no use in passing laws if the people will not support them. You have 
the law, but so long as you instruct or wink at your assessor in doing 
this, or do not dismiss him for doing it, so long the law will be violated. 
(Hear, hear.) I mentioned in the Legislative Assembly my feeling of 
humiliation at this state of things, my hope that it would be amended, 
and my view that if so there would be no ground on that score for a 
change in the franchise. But in the class of householders it might be 
well to get rid at once of all that difficulty by prescribing that the simple 
occupation as a householder should give the vote. This is, in fact, a 
very old franchise in England, and can do no harm but would do some 
good here. Then there is another thing. There is a custom in this 
country, which cannot, I think, be too highly commended there is a 
custom among those farmers who have raised a family of retaining one 
or two of their sons on the farm. They live there with the expectation 
that when the inevitable day arrives the faithful son, who has done his 
duty by his parent, has soothed his declining years, has worked for him, 
as he was worked for in the days when he was a child and helpless and 
his father was strong, will inherit the farm. That is a state of things 
which is highly desirable and should be perpetuated. That degree of 
mutual confidence, that pleasant continuance of the family life after the 
son has attained to manhood, is a matter of great importance to the 
moral standing and virtue of the people at large. It is my opinion that 
such adult sons would make as good a class of voters as you can find in 
the country. (Hear, hear.) I believe some of them leave the farms 
and discontinue that state of things because they desire to wear that 
badge of manhood, the franchise. I do not see why they should not 
wear that badge. I do not see why they should be penalized 
educated as they are under our school system, and showing themselves 
to be alive to one of the highest duties of citizenship by being excluded 
from the privilege. It would, I think, be well, when dealing with a 
system of representation which is not theoretically correct, a system 
which you cannot logically defend, but which you say works practically, 
to extend the franchise and give the right to vote to every adult son who 



266 THE CANADIAN HISTORICAL REVIEW 

is living on the farm of his father. (Cheers.) You know that such votes 
have been obtained in the past by a process which I regret. By an 
evasion of the law, fathers have placed their sons on the roll, and they 
have obtained votes by a side wind. That is unfortunate, because it is 
against the law, and because such vote is not held freely, but to a great 
extent at the pleasure of the father. I do not care that a man should 
have the right to vote if I or some one else may tell him how he must 
vote. Give these men the right, and their votes will, especially under 
the ballot, be as free and as useful to the community as any others in the 
country. Before passing from this subject I desire to speak of one of 
the truest tests of the right to the franchise I mean the educational test. 
There is no doubt that our future will be largely affected by the course 
we take with regard to the extension of education throughout the land. 
I agree with many of the remarks of Mr. Mowat on that subject. I 
commend heartily the public spirit which has led the people of this 
country to expend such large sums on education; but my information 
leads me to believe that the people have not done all that they ought to 
have done. It is not only expenditure which is needed, but it is equally 
important to take care that when you have the schools you send your 
children to them for a proper portion of the year. Then you cannot get 
good work without reasonable pay. You have improved considerably the 
rate of pay of your teachers in the last few years. Three or four years 
ago, after investigating that subject, I spoke to my own constituents 
upon it, and I say now again, that if you want to make all this expendi- 
ture effectual, it is a prime duty to consider how much is required in 
order to obtain a good teacher and to pay that sum whatever it may be. 
Without that the whole system is ineffective. The teacher is the key. 
To what purpose do you build brick school-houses, elect trustees, and 
send your children to school, unless you have an efficient teacher to 
instruct them? And you cannot get good teachers at the present rate 
of pay, increased though it is. Another point is this. In old and well 
settled countries where the farms are cleared and the men have become 
wealthy, where there is no reason, no necessity, for the children being 
kept at home, how is it that the average period of attendance is so short? 
In some parts the shortness of the average attendance is positively 
alarming. I exhort my fellow-countrymen to see to these things. You 
have established free schools, and you have resolved to tax every one 
to maintain them. We are all interested then in this matter, and it is 
to the general and wide diffusion of instruction and education that we 
must largely look for the great future that we expect. But, sir, with 
such a hope for the future before us, I believe we might effect immense 
improvements upon the present system of popular representation . For my 



EDWARD BLAKE'S AURORA SPEECH 267 

own part I have been for some time dissatisfied with our present mode of 
popular representation, as furnishing no fair indication of the opinions 
of the country. I do not think a system under which a majority in 
one constituency elects a member, the minority being hopeless, helpless, 
without any representation of its own at all, is a good system. I have 
been collecting some statistics on this subject, and it is extraordinary 
to what extent the popular voice, as shown in the popular vote, differs 
from the expression of that voice in the Legislature. In the State of 
Maryland you can find an election lately in which parties were so divided 
that two-thirds of the people polled on the one side, and one-third on the 
other. The result of the election was that the Republicans, who polled^ 
two-thirds, elected every member, and the Democrats, who polled one- 
third, did not elect a single man. That was not a fair or reasonable 
result. In the State of Maine something of the same kind happened. 
The Democrats had polled one-third of the votes, but only elected 43fQ 
out of 247 members. Coming nearer home, for perhaps our Tory 
friends will object to my taking illustrations from across the line, in 
Nova Scotia, in the year 1867, there was a bitterly fought contest on the 
question of Union or anti-Union. The result was that only Mr. Tupper 
was returned from the whole Province, and that by a very narrow 
majority, as a representative of the Union sentiment. I have analysed 
the statistics of that election, and I find that the real strength exhibited 
at the polls would have given, as nearly as I can estimate, seven to the 
Union side instead of one, and only twelve to the anti-Unionists instead' 
of 18. Take Nova Scotia again in 1874. The returns gave 19 to the 
Government, one Independent and one Opposition Mr. Tupper again. 
I will give him the Independent man into the bargain, because I think 
he belongs to that quarter. (Laughter.) The popular vote on that 
occasion would, as nearly as I can judge, have given 8 out of the 21 t 
that side instead of 2, and but 13 to the Government instead of 
Our principle of Government is that the majority must decide. Upon 
what is it founded? Well, you cannot give a reason except this, that it 
is necessary. It is the only way in which Government can be carried 
on at all. But if the minority must, on this ground of necessity, bow to* 
the voice of the majority, the majority is all the more bound to see that 
the minority has its fair share of representation, its fair weight in the 
councils of ihe country. The majority must recollect that it may 
become the minority one day, and that then it would like to have its 
fair share in those councils, and such disparities as these are not likely 
to induce a feeling of cheerful submission on the part of the minority. 
In Ontario, in the election of 1867 I cannot, of course, be precisely 
accurate in these matters, because there were some acclamation returns, 



o--r1 
.t>4 



268 THE CANADIAN HISTORICAL REVIEW 

and there are other difficulties in making an exact calculation but there 
were 82 members to be returned. The whole popular vote would have 
resulted in a slight majority for the Liberal party over the Government, 
but discarding fractions, the result would give 41 members to each. The 
Government, however, carried 49 seats to 33, and so the Liberal party 
did not obtain its fair share in the Government of the country. A turn 
of 408 votes would have taken seventeen seats from the Government and 
given them to the Liberal party. We say we have representation by 
population, but we have not representation by population unless the 
population has a representation in the Legislature equivalent to its 
strength at the polls. In the late election of 1874 the popular voice, 
although very strongly in favour of the Government, was by no means so 
decided as the returns showed. And besides this 178 votes turned the 
other way would have changed eight seats, making a difference of sixteen 
on a division. Little more than double that number would have changed 
sixteen seats, or thirty- two on a division, and this in a Province where 

i over 200,000 votes would, if all the elections were contested, have been 
polled. My own opinion is that it is not houses, and stocks, and farms 
that are represented, but human beings, with immortal souls these are 
the true subjects of representation, the sharers in, the owners of political 
power, and I think a scheme ought to be devised, as a scheme has been 
devised, to give them a fairer representation. In England, in con- 

f^tituencies which return three or four members, a cumbrous mode has 
been adopted called the "restrictive vote," which I do not recommend, 
by which each man votes for one less than the whole number to Be 
elected. That gives some representation to each side. In the School 
Board elections, which have caused the greatest possible interest and 
excitement, and have resulted in London in the return of an Educational 
Parliament which may vie with the Parliament of the Empire in ability 
in proportion to its numbers, the cumulative system has been with great 
advantage adopted. By this the voter, having as many votes as there 
are members, may give the whole of his votes to one candidate or divide 
them as he pleases. That system has been also adopted with the most 
beneficial results in the State of Illinois, where the returns under the 
amended constitution of 1870 have been within one of the actual popular 
voice. I say the system of representation under which we now live is 
inadequate to the purposes of the age. The complicated interests of 
society, the various views entertained by various sections of people, the 
enormous divergencies and the minor shades of divergency which exist, 
the fact that you cannot accurately or reasonably approximate .the real 
strength of popular opinion as evinced at the polls by the return of 
members to Parliament these considerations are sufficient to condemn 



EDWARD BLAKE'S AuR5J| SPEECH 

the existing system and send us on search lor? a better. That better can, 
I believe, be found, and if it be reserved for jthis; Province or this Dominion 
to set the example of finding it, a great Benefit will have been conferred 
by us on the cause of freedom throughout 'the world. I believe Mr. 
Hare's system or some modification of it a syste'm by which each voter 
may vote for any one he pleases, and give his vote should it not be 
required for his first choice, to second, third, or fourth candidates, in the 
order of his preference would result in the return by unanimous con- 
stituencies of men having the confidence of those constituencies, ajid of 
just so many men on each side as the strength of that side at the polls 
would justify. What is my position to-day? I have a very large 
constituency. I represent a constituency in which many more votes were 
polled against me than sufficed to return Mr. Dymond. Within nine 
of 2,000 votes were polled against me. Can I say I represent those 
people? I do not. I do not represent their views. They thought I 
was wrong, they wished to defeat me, they wished to condone the Pacific 
Scandal and to support the late Government. I am bound to consider 
their individual wants, but I cannjHfrsay I represent their views. How 
are they represented? Some wiljsaylthat people a long way off elected, 
say, Mr. Cameron, of Cardwell, or Mr. Farrow, of North Huron, re- 
present them. That is a very peculiar mode of representation, by which 
the unrepresented minorities of adverse views in different constituencies 
are in effect told that they are to be* content because there are others in 
like evil plight. Look at home. Turn to this Metropolitan district. 
Take, if you please, the old County of York, including Toronto, Ontario 
and Peel. You have there nine districts, and you have nine members 
all on one side, and not a single one on the other. The return at the 
polls gave five to four. The popular vote gave you five and your 
adversaries four, and upon a proper system of representation that would 
have been the proportion of the members. We shall have to settle 
before long the question of the Parliamentary system of the future. As 
' the late Prince Consort said some years ago, Parliamentary systems are 
on their trial. When we provide a plan by which every man shall be 
represented, by which each side of opinion shall be represented in 
proportion to its strength, we shall have avoided the difficulties which 
result from the artificial divisions which we make, and which render the 
expression of opinion by the returns so essentially different from that 
shown at the polls. There is not time now to give you even a fair 
summary of the reasons for this reform. I must bring my speech to a 
close. I know, Sir, that I have made a rather disturbing speech, but I 
am not afraid of that. As far as I can judge, not much good can be 
l*ne without disturbing something or somebody, and if that is the only 



270 THE CANADIAN HISTORICAL REVIEW 

objection to be made to the sentiments I have uttered, I am quite ready 
to meet it. I may be said also to have made an imprudent speech 
at least it might be said if I were one of those who aspire to lead their 
fellow countrymen as Ministers. It is the function of Ministers we 
know it, and I do not quarrel with it to say nothing that can be caught 
hold of (Laughter) nothing in advance of the popular opinion of the 
day, to watch the current of that opinion, and when it has gathered 
strength, to crystallize it into Acts of Parliament. That is the function 
of a Liberal Minister. The function of a Tory Minister is to wait till 
he is absolutely forced to swallow his own opinions. (Laughter.) My 
hon. friend, Mr. Mowat, will, I doubt not, by your suffrages, enjoy a 
long time in which to perform his high duty, but it may be permitted to 
one who prefers to be a private in the advanced guard of the army of 
freedom, to a commanding place in the main body (Loud cheers) to 
run the risk of promulgating, what may be called a political heresy 
to-day, but may perhaps become a political creed to-morrow. (Cheers.) 
I am sure that whatever may be your disposition as to the opinions I 
have advanced, and however disia^ined you may be to accept" my 
proposals, you will receive therewith toleraBon and liberality. I 
believe that feeling which is strongly existent in the ranks of our op- 
ponents, of intolerance of any difference of opinion, that determination 
without argument to write and speak down the man who advances 
anything new as i evolutionary and unsafe, is not shared by the Liberal 
party. I believe you realize the valMe in the interests of true liberty of 
a free utterance before his fellow countrymen, of the distinctive opinions 
held by a public man. (Cheers.) I am quite sure you sympathize with 
the eulogy which the poet-laureate of England conferred upon the old 
land, and you desire that his words of praise should be properly applicable 
to the new, when in immortal verse he sung: 

You ask me, why, tho' ill at ease, 
Within this region I subsist, 
Whose spirits falter in the mist, 
And languish for the purple seas? 

It is the land that freemen till, 

That sober-suited Freedom chose, 

The land, where girt with friends or foes, 

A man may speak the thing he will; 

A land of settled government, 

A land of just and old renown, 



EDWARD BLAKE'S AURORA SPEECH 271 

Where Freedom broadens slowly down 
From precedent to precedent: 

Where faction seldom gathers head, 

But by degrees to fulness wrought, 

The strength of some diffusive thought 
Hath time and space to work and spread. 

Should banded unions persecute 
Opinion, and induce a time 
When single thought is civil crime, 
And individual freedom mute; 

Tho' Power should make from land to land 

The name of Britain trebly great 

Tho' every channel of the State 
Should almost choke with golden sand 

.Yet waft me from the harbour-mouth, 

Wild wind ! I seek a warmer sky, 

And I will see before I die, 
The palms and temples of the South. 



REVIEWS OF BOOKS 



The United States and Canada: A Political Study. By GEORGE M. 
WRONG. New York and Cincinnati: The Abingdon Press. [1921.] 
Pp. 191. 

IN this series of six lectures delivered by Professor Wrong at the Wesleyan 
University under the George Slocum Bennett foundation, the author has 
examined the conditions under which has arisen the dominance of the 
English-speaking peoples in America; he has placed in contrast the 
divergences and noted the similarities of their institutions; and, last 
but not least, he has clearly outlined Canada's status in the British 
Commonwealth of Nations. It is beyond question that in this respect 
Professor Wrong has rendered an international service. We are not 
surprised to find in Continental Europe little comprehension of the 
relations which seem at once to unite and to separate the British com- 
munities throughout the world ; but perhaps Canadians may be pardoned 
for a little surprise that those relations are so imperfectly realized by their 
neighbours. It is barely twenty-five years since a distinguished American 
statesman could hardly be induced to believe that Canada possessed and 
exercized the right of levying customs duties upon products of the 
United Kingdom imported into the Dominion. A quarter of a century 
previously Sir John Macdonald had encountered a similar la,ck of com- 
prehension during the negotiation of the Treaty of Washington. 

The author has given in broad but clear outline the distinguishing 
features of each form of government. He recognizes that while the 
British North America Act avows the purpose of establishing a con- 
stitution for Canada similar in principle to that of the United Kingdom, 
yet many leading features of our system were drawn from the constitu- 
tion of the United States. It is not necessary to concern oneself with 
Lord Haldane's niceties as to the character, federal or otherwise, of the 
Canadian constitution. In truth, it is federal in the ordinary acceptance 
of the term; and the principle of federalism was drawn wholly from the 
example of the United States. 

Professor Wrong lays emphasis upon the consideration that the con- 
stitution of the United States was framed in idealism, while that of 
Canada has grown out of tradition. The framers of the American con- 

[272] 



REVIEWS OF BOOKS 273 

stitution were necessarily influenced by the tendencies of political thought 
in the latter half of the eighteenth century. In Great Britain the same 
tendencies almost succeeded in eliminating from the British system a 
feature which strongly marks its divergence from that of the United 
States: namely, the presence of responsible ministers in parliament 
amenable to the will of the people's representatives. In one aspect it is 
curious, but in another perfectly natural and logical, that the United 
States, as Professor Wrong points 'out, have never established and 
apparently never desired that form of direct legislative control over the 
executive for which Canadians contended nearly one hundred years ago, 
even to the point of rebellion. The American theory of checks and 
balances requires an executive independence which the Canadian scheme 
of government could hardly afford. 

Within the nations of the British Commonwealth the formal execu- 
tive is not a pa/ty leader; he stands apairt from all parties, and acts by 
the advice of his ministers under the conventions of the constitution as 
the will of the people directs. The real executive is to be found in his 
advisers. In the United States the President is at once the executive 
and the leader of the dominant political party. He fulfills the functions 
of both King and Prime Minister, and he exercizes greater power than 
either. He attains the position through the severities of an election 
contest, in which neither party spares the other. When the battle is 
over, he stands before the whole country as the head of the nation, and 
is recognized as such by all parties. 

Professor Wrong's lectures are well conceived and instructive. When 
a large and complex subject is treated in narrow compass one would 
naturally expect an occasional omission or expression that might give rise 
to misunderstanding. In discussing the omnipotence of parliament it 
might have been useful to explain that the legal power of the British 
parliament with respect to the Dominions is overridden and controlled 
by constitutional conventions. Perhaps, also, the author should have 
made it perfectly clear that in Canada, as in the United Stares, it is for 
the courts to determine whether any legislative body has overstepped 
the limits of its jurisdiction. 

The author's words respecting the opportunities of democracy on 
this continent and with regard to the overwhelming responsibility which 
rests upon the British and America'n Commonwealths for the peace of 
the world are timely and impressive. His contribution to the political 
thought of both countries must be of service in each. 

Our neighbours have given us a worthy example in establishing 
foundations such as that under which these lectures were delivered. One 
recalls the William Earl Dodge foundation at Yale, which has brought 



274 THE CANADIAN HISTORICAL REVIEW 

forth excellent fruit, ajid doubtless there are others. It is to be hoped 
that the wealth of Canada will seek opportunity for usefulness in the 
establishment of such foundations in this country. 

R. L. BORDEN 

Melanges Historiques; Etudes eparses et inedites. Par BENJAMIN SULTE. 
Compilees, annotees, et publiees par GERARD MALCHELOSSE. 
Volume?. Montreal: G. Ducharme. 1921. Pp.163. 
M. MALCHELOSSE continues his task of bringing out in permanent form 
the fugitive papers into which Dr. Suite has for many years been throwing 
the result of his researches. The value of this task can hardly be over- 
estimated. In spite of some of the obvious defects of Dr. Suite's work, 
such as the lack of specific reference to authorities, and the almost 
journalistic disregard of literary form, there is perhaps no other Cana- 
dian historian who has such an encyclopedic knowledge of the highways 
and byways of Canadian history, and there are few writers who approach 
the study of history in a more genuinely scientific spirit. 

Of the papers in the present volume several appeared many years 
ago. "L'Episode de 1'ile de Sable" an essay which settled the date 
(1598) on which La Roche disembarked his first colony on Sable Island 
was published as long ago as 1892, when the question ^ith which it deals 
was still open. A brief sketch entitled "La Famille et la Riviere Gati- 
neau" appeared first in 1879. Two papers on "The Jesuit Relations" 
date from 1898, when the Thwaites edition of the Relations was appear- 
ing. Others are of more recent composition. A delightful paper on the 
history of maple sugar ("Histoire du sucre durable") appealed first in 
1911. An essay entitled "Le docteur Badelart et le mal de la Baie- 
Saint-Paul", which contains an account of a curious epidemic which 
affected the population of the St. Lawrence valley between 1774 and 
1786, was published in 1916; another entitled "Duberger, By et le plan 
relief de Quebec", which gives an account of the history of a model of 
the city of Quebec at the beginning of the nineteenth century, now in 
the Public Archives of Canada at Ottawa, was written in 1917; and a 
valuable paper on "Pierre Ducalvet", which places Haldimand in a new 
light before French-Canadian readers, was written as recently 33 1920. 

Two papers, indeed, contained in the present volume, have never 
hitherto seen the light. One of these is an account of the so-called 
Kensington rune-stone ("Au Mississippi en 1362"), which is mainly 
remarkable because it appears therein that Dr. Suite is now convinced 
of the authenticity of the rune-stone, and believes that the Norsemen 
actually penetrated to the headwaters of the Mississippi by way of 
Hudson Bay in the middle of the fourteenth century. The other hitherto 



REVIEWS OF BOOKS 275 

unpublished paper is a Canadian mar tyrology from 1640 to 1665, which 
must have cost the author a vast amount of research. 

Almost without exception, it is a matter of congratulation that these 
contributions to Canadian history have been rescued from the oblivion 
to which the ephemeral form in which most of them first appeared 
threatened to consign them. 

W.S. WALLACE 



The Illinois Country, 1673-1818. By CLARENCE W. ALVORD. (Cen- 
tennial History of Illinois, volume I.) Springfield: Illinois Cen- 
tenjiial Commission. 1920. Pp. xx, 524. 

SINCE the appearance of the American Nation series no more notable 
co-operative history has been undertaken in the United States than the 
Centennial History of Illinois. This history was designed to celebrate 
the first hundredth year of the state's existence. Its first volume, 
however, carries the narrative back one hundred and fifty years earlier, 
and describes the beginnings of things in the region that became Illinois. 
Professor Clarence W. Alvord, editor-in-chief for the series, reserved for 
himself this volume, for the . writing of which he was so adequately 
prepared. Over a decade ago Professor Alvord startled those interested 
in the history of the Middle West by finding the Cahokia and Kaskaskia 
records stretching back to the time of French domination in the Miss- 
issippi Valley; his editing of these important records gave us the pre- 
fatory chapter on the "County of Illinois," which set that region in its 
international relations and showed its importance a a sphere of influence 
desired by France, England, and. the United States. Somewhat later 
he edited for the Illinois Historical Collections the British series, largely 
made up of papers obtained from public and private collections in 
England, most of which had never before been known. As a result of 
this editorial work he published in 1917 his Mississippi Valley in British 
Politics, which was so novel in character and important in conclusions 
that it was awarded the Loubat prize for the best work in American 
history issued during five years. 

The present volume op. the Illinois Country from 1673 to 1818 brings 
fresh laurels to the author's fame. It is no mere local history; rather it 
is a pivotal history, showing that on the prairies of the Mississipp iValley 
were worked out decisions determining the fate of nations and the 
supremacy of free government. For the larger portion of the period 
with which the volume deals, relations were close between the inhabi- 
tahts of Illinois and those of the St. Lawrence Valley. During the French 
regime Illinois was disputed territory between Canada and Louisiana. 
Governed after 1718 from New Orleans, its connections with Quebec were 



276 THE CANADIAN HISTORICAL REVIEW 

nevertheless considerable. Under the British authority trade as well 
as governrrtent followed the route of the Great Lakes and the Ottawa 
River to Canadian centres. The story is thus of peculiar interest to 
Canadians. More than this, much of the volume is based upon hitherto 
unknown and inaccessible material, so that chapters six to eleven are 
practically new both in interpretation and in material. 

There are few Western historians to-day who can better digest a 
large amount of "raw" historical material and place the conclusions in 
permanent and artistic form than Professor Alvord. There are few 
who have a larger grasp of the essentials o'f history and the underlying 
currents that determine its course. The story crosses easily from Paris 
to Kaskaskia, from Montreal and Quebec to the western trading posts, 
without loss of continuity. It is the author's ability to see events in 
their larger relations that gives this his most recent volume its chief 
value for both Illinoisians and lovers ol good history elsewhere. Withal 
the proportions of the bopk are well arranged. After about fifty pages 
given to topography and the aborigines, about half of the remaining space 
is allotted to the French regime from 1673 to 1763; the remainder is 
appropriately divided between the rule of the British and the American 
domination. One of the most remarkable and illuminating chapters is 
that on "The City States," showing how the Canadian-French habi- 
tants when thrown on their own resources were capable of maintaining 
local government and of securing peace and order. Canadians will 
also find mjuch to interest them concerning the "grand period" of their 
history, the age of discovery, the sway of Frontenac, the fur trade and 
the missions; while the chapter on "The Great Decision" sums up the 
elements of the conflict that threw French America into the hands of the 
founders of the British Empire. 

With the production of this centennial hjstory of Illinois there dawns, 
it is to be hoped, a new era for state histories. Each state and local 
unit has an especial viewpoint frojn which its story may be oriented, some 
contribution of unique value to the history of the entire country or 
period. If the noteworthy example of Illinois is followed, the mosaic 
of universal history may be made up of separate stones polished by the 
skill of such scholars as Professor Alvord and his associates. 

LOUISE PHELPS KELLOGG 

William Shirley, Governor of Massachusetts, 1741-1756: A History. 
Volume I. By GEORGE ARTHUR WOOD. (Studies in History, 
Economics, and Public Law, edited by the Faculty of Political 
Science of Columbia University: no. 209). New York: Longmans, 
Green & Co. 1920. Pp. 433. ($4.50.) 



REVIEWS OF BOOKS 277 

WILLIAM SHIRLEY is a prominent figure in all the histories of the American 
colonies in the eighteenth century, and of the struggle for Canada. In 
1912 two volumes of his official correspondence were published, edited 
by Mr. C. H. Lincoln; any gaps in one's knowledge are now filled by 
Professor Wood's biography. Professor Wood's book is planned on a 
large scale. The present bulky volume takes Shirley's career only to 
1749, and is to be followed by another, dealing with " Mr. Shirley in his 
setting as commissary at Paris for the settlement of the Nova Scotia 
boundary, as governor and general in the early phases of the decisive 
struggle for Canada, and as governor of the Bahamas " (p. 413). Whether 
one who is after all only a secondary figure deserves so full-length a 
portrait is doubtful. The present volume has the merits and defects 
of the enlarged Ph.D. thesis. It is conscientious and impartial; it shows 
careful research in published and unpublished sources; and it scrambles 
along in that heavy conglomerate style with which the younger American 
historians have made us so terribly familiar. This is the more unfortu- 
nate, as every now and again a shrewd colloquialism shows that, if Mr. 
Wood can only get away from his documents, he has a sense of humour 
and an insight into character. 

Shirley is interesting both in himself and in his environment. For 
Canadian readers the most interesting part of the book is the account 
of his successful attack upon Louisbourg in 1745, due to his unwearied 
efforts in coordinating a vacillating home government and half-a-dozen 
suspicious and impecunious provincial legislatures; and his unsuccessful 
attempt to follow up the capture by an attack upon Canada. No new 
light is thrown upon the siege of Louisbourg, but Shirley's attempt to 
follow it up has not been so fully dealt with elsewhere. Shirley had a 
plan, to be carried out, like the attack on Louisbourg, mainly by the 
colonial militia in cooperation with the British fleet; the Duke of Bedford 
at the Admiralty had another, in which the colonial militia were to play 
a subordinate role. Either might have succeeded, but the Duke of 
Newcastle and the remainder of the British government, worried by 
the war on the continent, by the invasion of the Young Pretender, and 
by their own natural laziness and stupidity, vacillated till both went 
by the board. It may be that the attempt could not have been success- 
fully carried through without a more thorough establishment of British 
sea-power than was envisaged by either Shirley or Bedford; but the 
spring on Louisbourg had been successful, and the spirit of New England 
was so high that the coup might well have been followed up by the attack 
on Canada. One's chief feeling in reading the book is that of admiration 
for the legislature of Massachusetts and for the high spirit of the New 
England colonies. W. L. GRANT 



278 THE CANADIAN HISTORICAL REVIEW 

Vers V emancipation (premiere periode). Cours d'histoire de Canada a 
I'universit6 de Montreal, 1920-21. Par l'Abb6 LIONEL GROULX. 
Montr6al: Bibliotheque de 1'Action franchise. 1921. Pp. 308. 
THE ABBE GROULX is rapidly making his way to the front as one of the 
most considerable Canadian historians of the day. His first important 
contribution to Canadian history was his La Confederation Canadienne, 
ses origines, published in 1918. This was followed in 1919 by La Nais- 
sance d'une race, and in 1920, by Lendemains de conquete, both of which 
have been reviewed at length in the pages of this REVIEW (Vol. I, pp. 
307-8; pp. 396-402). Now comes from the press the present volume, 
Vers I' emancipation (premiere periode), which is a detailed study of the 
first decade of British rule in Canada, from the Royal Proclamation of 
1763 to the Quebec Act of 1774. 

All these volumes are based on lectures delivered by the author at 
the University of Montreal, and illustrate the serious and detailed manner 
in which Canadian history, or at any rate one phase of Canadian history, 
is being dealt with at that seminary of learning. They bear perhaps 
undue traces of the lecture form in which they were first capt; they con- 
tain flights of rhetoric and appeals ad captandum which seem out of place 
in a serious historical work. But they are founded on a very thorough 
study of the sources of Canadian history, and, whatever may be thought 
of the views which they advance or their general tone, no one who wishes 
to keep in touch with recent developments in regard to Canadian history 
can afford to ignore them. 

Vers V emancipation (premiere periode) falls into five chapters. The 
first, entitled "La politique d "assimilation", deals with the Royal Pro- 
clamation of 1763 and the way in which the policy embodied in that 
proclamation worked out in practice. The second, "Au tribunal des 
juristes", is a study of the long series of legal deliberations and reports 
which culminated in the revival of "the laws of Canada" in the Quebec 
Act of 1774. The third, "Notre cause au parlement", is an analysis of 
the debates on the Quebec Act in the British parliament. The fourth, 
"L'Acte de Quebec, sa teneur et ses causes", is a really notable study of 
the policy of the Quebec Act itself, and the motives which actuated 
those who framed it; and the fifth, "Le Canada de 1774", is a review 
of the state of the colony when the Quebec Act was passed. This method 
of treatment entails some overlapping and repetition, and it would have 
been better perhaps if the Abb6 Groulx had isolated the various ques- 
tions raised, either explicitly or tacitly, by the Royal Proclamation 
the question of the status of the Roman Catholic Church, the question 
of representative institutions, and the question of finance and treated 
them separately, as he has, to some extent, treated separately the ques- 



REVIEWS OF BOOKS 279 

tion of the laws of the colony. But for lecture purposes his treatment of 
the period had no doubt some advantages, and perhaps one would have 
no right to complain of it if there were an index, which is lacking. 

These chapters are, without exception, written from a distinct point 
of view. The Abbe Groulx says, quite frankly, in his preface, that it is 
his ambition "to write and to teach history as a Catholic and a French 
Canadian ought". ("Notre ambition et notre droit sont de l'6crire et 
de 1'enseigner comme doivent le faire un catholique et un Canadien 
franc, ais. ") The result is similar to what one might expect if a Scottish- 
Canadian Presbyterian were to announce, in a work on Canadian history, 
that he approached his subject from the point of view of a Presbyterian 
and a Scottish-Canadian. The whole tone of the book is partisan. The 
Abbe Groulx has too much intellectual honesty to suppress essential 
facts; but he approaches his subject with certain prepossessions, and 
these inevitably colour his interpretation of the facts. The good Abbe, 
in fact, has a preconceived philosophy of Canadian history. Progre.ss, 
in his eyes, consists in the growth of nationality; the sublime event 
toward which the whole creation moves is national independence. "Un 
heure vient ou parvenue a 1'age adulte une nationalite peut ceder a 
1'instinct naturel qui la pousse vers l'indpendence " (p. 297). The his- 
tory of Canada since 1763, is, for him, the story of the gradual advance 
of the French-Canadian people vers I' emancipation. 

One could adduce many illustrations of the way in which this point 
of view colours the Abbe Groulx's treatment of his subject; but one or 
two must suffice. The whole of the Abb6's first chapter, on " La Politique 
d'assimilation", is based on the assumption that there was a definite 
attempt made in 1763 to turn Canada into "a newer New England". 
There were, it is true, in the Proclamation of 1763 and in the Royal 
Instructions to Murray, signs that such a policy was contemplated 
(though it is doubtful how far the terms of the Proclamation were due 
to mere ignorance and ineptitude) ; but this policy was virtually still- 
born, and was almost immediately reversed. The Quebec Act merely 
regularized, in some respects, conditions which had come into existence 
long before 1774. Chief Justice Hey, for instance, testified at the bar 
of the House of Commons in 1774, that in the court of King's Bench he 
had admitted the Canadian laws "indiscriminately in general" (Caven- 
dish, Debates, p. 151). It is difficult to understand how anyone who has 
read the documents as attentively as the Abbe Groulx appears to have 
done can have failed to realize that, from 1764 to 1774, there was never 
any question with the authorities, either in Canada or in England, of a 
"policy of assimilation". 

The Abb Groulx is very severe on Murray, though he must know 



280 THE CANADIAN HISTORICAL REVIEW 

that Murray was the friend of the French Canadians, and threatened 
to resign rather than put into effect in Canada the penal laws against 
Roman Catholics. Maseres is "un huguenot bilieux". Even Carleton 
gets small thanks for his statesmanlike attitude with regard to the 
French Canadians. "England", in fact, is the villain of the piece. If, 
by any chance, Englishmen do right, it is because they are forced to do 
so, or because they have some ulterior design in view. There is a com- 
plete failure to remember that in 1774 religious toleration was a new and 
almost untried experiment. There is everywhere an underlying assump- 
tion that Englishmen of the eighteenth century, having conquered 
Canada, should have behaved as if they were actuated by the most 
enlightened ideals of the twentieth century. The present is read into 
the past. 

The Abbe Groulx has such an admirable knowledge of ,the sources 
of Canadian history, and he writes with such vigour and grace, that one 
wishes if only for the sake of unity in "this Canada of ours" that he 
would be objective rather than subjective, and that he would cease to 
treat history as though it were the handmaid of politics. 

W. S. WALLACE 

A History of the Organization, Development, and Services of the Military 
and Naval Forces of Canada, from the Peace of Paris in 1763 to the 
Present Time. With illustrative documents. Edited by THE HIS- 
TORICAL SECTION OF THE GENERAL STAFF. Volume III: The War 
of the American Revolution; The Province of Quebec under the Ad- 
ministration of Governor Frederic Haldimand, 1778-1784- [Ottawa. 
1921.] Pp. xxix, 271. 

THE first two volumes of this "history of the Canadian army" were 
noticed by us iii the second number of this REVIEW (pp. 210-212). The 
present volume has all the merits and all the defects of its predecessors. 
It covers the period of Haldimand's governorship, from 1778 to 1784; 
and the military side of the history of these years has perhaps never 
been told in such detail, nor with such a faithful reliance on the original 
documents, as here. The editor has been particularly fortunate in 
having had at his disposal for this period the almost embarrassing wealth 
of the Haldimand Papers; and he prints from the Haldimand Collection 
many documents which have never hitherto seen the light. Indeed, the 
very copious selection of "illustrative documents", occupying as it 
does over two hundred pages, is the most commendable feature of the 
book. 

At thf same time, the format of this volume, as of its predecessors, is 
disappointing; and one must again express regret that the editor has not 



REVIEWS OF BOOKS 281 

thought fit to include in the volume any account of the bibliography of 
the period or any footnotes giving references in support of new or ques- 
tionable statements. In a prefatory note, the editor has explained, 
doubtless in reply to criticism, that "as the principal documents . . .are 
printed verbatim herewith, footnotes, indicating sources for each par- 
ticular statement, seem superfluous". But this is not the question. 
The question is whether, in the narrative sections of the book, the editor 
would not have been well advised to provide cross-references to the 
documents in certain cases; for, at present, if one wishes to find the 
authority for any given statement, he must wade through a mass of 
irrelevant documents on the bare chance that he may find it. It is not 
enough to say that "the narrative ... is based upon contemporary 
records, and will not be found to conflict with them in any material 
point". Even contemporary documents vary greatly in their authority; 
and it is barely conceivable that in some cases the documents on which 
the Historical Section of the General Staff relies might be found not to 
be unimpeachable. 

Another defect of the book is that the narrative chapters are devoted 
too exclusively to an account of the military operations, and are lacking 
in a clear account of the formation and organization of the loyalist 
levies which used Canada as a base for their raids during the American 
Revolution, as well as of the regular troops, both British and German. 
To refer, for instance, on consecutive pages, to "the Royal Regiment of 
New York" (p. 9) and "Sir John Johnson's regiment" (p. 10), without 
any indication that they are the same, is merely to darken counsel with 
words; and to refer frequently to such corps as Butler's Rangers, without 
explaining the character and composition of the corps, is to leave the 
reader without information to which he is entitled. 

We must confess ourselves to be grateful to the Historical Section 
of the General Staff for its energy in undertaking a military history of 
Canada, for the research that it has shown in preparing the history, 
and for the original materials that it has now made available in print. 
But we should be derelict in our duty if we professed an unqualified 
admiration of the manner in which the task is being accomplished. 

W. S. WALLACE 

\ 
Log of the Columbia, 1790-1792. By JOHN BOIT. (Proceedings of the 

Massachusetts Historical Society^ 1919-1920, vol. 53, pp. 217-275.) 
A New Log of the Columbia. By JOHN BOIT. Edited by EDMUND S. 

MEANY. (The Washington Historical Quarterly, vol. xii, pp. 2-50.) 
THE fur-trade on the north-west coast of America began in 1785. British, 
French, and Americans all strove for its control; in the end the last 



282 THE CANADIAN HISTORICAL REVIEW 

were the victors. The early British traders gave to the world, almost 
immediately, a narrative of their voyages ; Pojrtlock and Dixon, who were 
on the coast in 1787, published in 1789 separate accounts of their dis- 
coveries and adventures; Meares issued in 1790 his story of his voyages 
to the coast in 1786-1789; Colnett's voyage of 1792 appeared in 1798. 
So, too, the French: Marchand's voyage (1790-92) was published in 
1801, and that of Roquefeuil (1816-19) in 1823; though Peron's voyage of 
1796 did not appear until 1824. But for some reason the American 
traders published nothing. A few small items, it is true, did appear, as, 
for instance, Shaler's voyage of the Delia Byrd in 1804, which was pub- 
lished in the American Register, 1808; but no connected or detailed ac- 
counts have ever been published. They did, however, exist, for In- 
graham mentions an instance where an American vessel was carrying 
a gentleman fdr "the purpose of writing a history ot the voyage". 
Cleveland may perhaps be regarded as an exception; yet, even in that 
case, while the voyage was made in 1799, his book did not appear until 
1842 long after the trade had ceased to exist. 

The first American trading voyage was that of the Columbia and 
the Washington in 1787-1790; the second, if Metcalfe, of whom scarcely 
anything is known, be excepted, was that of the Hope in 1790-1792; the 
third was the return voyage of the Columbia, 1790-1793. The stories of 
these pioneer American voyages exist only in manuscript, with the ex- 
ception of Haswell's Log, of which a summary was appended to the 
1886 edition of Bancroft's History of the North West Coast. Great interest 
attaches to the second vd|yage of the Columbia, because of her discovery 
of the Columbia River in May, 1792. Unfortunately, neither Haswell's 
Log nor Hoskin's Narrative, which were supposed to be the only existing 
records, touches this event. When the Oregon Question began to excite 
attentio^i one of the owners of the Columbia obtained her official log and 
made a copy of the portion from May 7 to May 22, 1792, being the entries 
relating to that discovery. This extract is well-known; it has been fre- 
quently republished; perhaps it is most accessible in Greenhow's 
History of Oregon, Appendix E, pp. 434-6, and in Greenhow's Memoir, 
pp. 125-7. No other account of the voyage was known, and great dis- 
appointment was naturally felt when it was learned that the original 
document vouching for the discovery had been "used as waste paper". 
It was therefore with surprise and delight that the public heard in 1919 
that a complete journal of this voyage of the Columbia, kept by John 
Boit, the fifth officer, had been found and presented to the Massa- 
chusetts Historical Society. This document has now been issued in its 
entirety by that society; and the Washington Historical Quarterly has 
reproduced the portion from the arrival of the Columbia off Clayoquot 



REVIEWS OF BOOKS 283 

Sound on June 4, 1791, to October 28, 1792, when the ship was well on 
her way to China. 

This journal shows that the Columbia followed consistently the old 
plan of the early traders in flitting from place to place along the coast. 
Take, for instance, her movements between April 1 and October 1, 1792. 
After wintering in Clayoquot Sound, the vessel sailed southward as far 
as Cape Mendocino, then northward to the vicinity of the Strait of 
Juan de Fufca, thence southward discovering Gray's Harbour and the 
Columbia River, thence nprthward to Quatsino Sou^nd and into Queen 
Charlotte Sound, then back to Quatsino Sound again, thence northward 
to Queen Charlotte Islands, thence back to Quatsino Sound once more, 
thence southward to Nootka Sound, thence northward to Queen Char- 
lotte Islands, thence back again to Nootka Sound, thence southward to 
the Strait of Juan de Fuca, and thence to China. It is not surprising 
that Ingraham, who was in command of the Hope, considered it a better 
plan to visit a promising village and remain at anchor there so Ipng as 
furs could be obtained. The competition was becoming too keen for 
good results to be obtained by a vessel continually on the move. 

A strange error may be noted as indicative of the scrutiny to which 
Indian reports of the presence of other traders should be examined. 
The journalist, under date of October 14, 1791, says that they were 
informed by the natives that the Hancock, Captain Crowell, was then in 
the Strait of Juan de Fuca. But Ingraham's Journal shows conclusively 
that on October 8, 1791, the Hancock was at the Sandwich Islands, and, 
having sailed therefrom about October 12 for China, did not return to 
the coast until July 3, 1792. Again it is difficult to identify the "five 
sail of Spaniards" that the Indians said were, op September 11, 1791 
(p. 18), up the Strait of Juan de Fuca; Elisa was in that vicinity earlier 
in the year, but he had only three ships under his command. As an 
instance of the contradictory stories of unprovoked attacks by the natives 
and retaliation by the traders it may be pointed out that the Indians' 
version of the incident of June 29, 1792 (pp. 36-37), in which such an at- 
tack and retaliation are described, is, as given in the Viage, that Gray 
fired on them in order to make them barter their peltry at a lower rate. 
Such charges and counter-charges are quite common in the history of the 
maritime fur-trade. 

Professor Meany has added a concise and accurate historical intro- 
duction and a considerable number of notes explanatory of, or con- 
nected with, some of the references in the journal. These are quite 
correct and satisfactory as far as they go; but many things have been left 
unexplained, and but little has been done either to inter-relate the journal 
with the contemporary published accounts or to bring the place-names 



284 THE CANADIAN HISTORICAL REVIEW 

into terms of modern geography. The location of St. Patrick's Bay, Port 
Tempest, and Massacre Cove has been left unsolved; Hatch's Island 
(p. 12) appears to be Bonilla Island ; Hancock's River (p. 16) is, of course, 
the Massett of to-day. 

This journal is the most important "find" that has been made in the 
past twenty years relating to the history of the North-West Coast. 
Professor Meany has done well in republishing it, so as to give it a larger 
circulation in the community directly interested. 

F. W. HOWAY 

A History of the British Army. By the Hon. J. W. FOKTESCUE. Vol. 
IX (1813-1814) and Vol. X (1814-1815). With a separate volume, 
containing thirty-one maps and plans. London : Macmillan and Co. 
1920. Pp. xxvi, 534; xviii, 450. (4, 4 sh.) 

IN these two volumes of nearly a thousand printed pages, the author 
continues the history of the British Army from the spring of 1813 to the 
end of the Waterloo campaign. 

In his preface he states that the copy for them was actually completed 
by the end of 1915, but that he was unable to obtain the services of a 
competent cartographer to make the maps, and printing was deferred 
until the war was over. Meanwhile he undertook with some reluctance 
what proved to be the ungrateful task of writing an official account of the 
war then going on, which he has since abandoned, owing to the res- 
trictions imposed upon him, which seemed to make its satisfactory 
accomplishment impossible. He now announces his intention of en- 
deavouring to complete his present valuable work down to year 1870, 
and it is to be devoutly hoped that he may succeed. 

The general situation in Europe is briefly reviewed in the first chapter 
of volume IX. The author then proceeds to relate the events of the 
inglorious British campaign on the* east coast of Spain under Sir John 
Murray. The organization of the main army, before undertaking the 
triumphant march to Vitoriaand the Pyrenees, receives careful attention. 
The incidents of that victorious campaign, ending in the expulsion of the 
principal French army from Spain, the desperate fighting in the mountain 
passes and valleys, the siege of San Sebastian, and the battles in the south 
of France, are well described. 

Mr. Foi tescue is in truth a severe critic and seldom entirely satisfied 
with the conduct of any commander on either side. He has a keen eye 
for mistakes and delights in pointing out any that have been made by 
Napier, for whom he has scant respect. His own strong prejudices are 
evident. He dislikes and distrusts democracy and plainly regrets the 
passing of the old order. In his opinion, Lord Castlereagh was "the 



REVIEWS OF BOOKS 285 

- 

ablest of our Ministers of War," and "the ablest of living English 
statesmen;" and "the Duke of York, our best Commander-in-Chief" 
(X, pp. 182, 229). 

Sir John Murray, Lord William Bentinck, Sir Alexander Cochrane, 
the Prince of Orange, Gneisenau, and others are roughly handled. Wel- 
lington's shortcomings are not spared, any more than those of his oppo- 
nents. Not infrequently, however, the author's judgments are almost 
nullified by the extreme violence of the language in which they are 
expressed. 

Volume X begins with a short chapter on Sir Thomas Graham's 
expedition to Holland, followed by a view of the European situation and 
a continuation of the narrative of events in the south of France. The 
next deals with the assault on Bergen-op-Zoom and the abdication of 
Napoleon. A third describes Lord William Bentinck's campaign in Italy 
and the conclusion of the war in the Peninsula. An excellent "Summary 
of the Period, 1803-1814," contains much interesting information res- 
pecting the functions of the War Office, which is scathingly described as 
having been "a sink of jobbery and extortion". In the Medical Depart- 
ment, it is stated that "jobbery, favouritism, and corruption were 
such as to discourage any good man from entering the service, 
the general hospitals were hotbeds of waste and dishonest dealing in 
favour of every one except the patients" (X, p. 194). The department 
of the Chaplain-general was perhaps a little better, as "the more part 
of the chaplains seem to have been morally correct, but helpless in their 
strange surroundings, ignorant of the world, ignorant of men, and there- 
fore inefficient .... In any case the chaplains as a body were a 
failure" (X, p. 201). 

But Mr. Fortescue can praise as well as blame. During this period, 
as he relates, except for a short interval between 1809 and 1811, the 
Horse Guards "remained under the admirable direction of the Duke of 
York as Commander-in-Chief." It may be observed, indeed, that some 
ill-natured criticism had taken place in parliament and out of it, of matters 
that savoured strongly of "jobbery," which brought about this temporary 
retirement, but that is passed lightly over. The heads of the three 
principal departments under the Duke's control were "men of decided 
ability, and Calvert, in particular, was remarkable alike for high char- 
acter and excellent understanding. Under their administration the 
government of the Army was conducted with efficiency and without 
friction; while the unfailing industry of the Duke of York, his access- 
ibility to all officers, his readiness to look into all grievances, and his 
unswerving loyalty to his masters in the Cabinet, made him an ideal 
chief. If the whole business of the military forces could have been left 



286 THE CANADIAN HISTORICAL REVIEW 

to the Horse Guards, there would have been infinitely less bungling in 
the -organization of the military strength of the country, and a far smaller 
proportion of abortive and absurd expeditions" (X, pp. 201-2). 

It is rather disheartening to have this pleasing picture blurred by the 
discovery that one of these three gentlemen, James Willoughby Gordon, 
who was Military Secretary until 1812, and afterwards Quartermaster- 
General, is elsewhere referred to as inspiring the writer "with a feeling 
very remote from respect" (X, p. 191). 

Nearly one-half of this volume is naturally devoted to the memorable 
campaign which culminated in the battle of Waterloo. The conduct 
of Wellington on that occasion, and his character as a commander and a 
man, are effectively described. 

One chapter of sixty-seven pages in Volume IX summarizes the 
principal events of the war with the United States in 1813. Another 
of thirty-eight pages relates yet more briefly those of 1814 on the Cana- 
dian frontiers, while a third of forty-two deals with the expeditions to 
Penobscot, Washington, Baltimore, and New Orleans. The chief 
secondary authorities cited for these are Kingsford, Mahan, and Lucas, 
who, oddly enough, is sometimes referred to as Sir C. and at others times 
as Mr. Lucas. There is also some indication that a few of the original 
records have been examined. 

Although Mr. Fortescue does not attempt to justify the conduct of 
Sir George Prevost at Plattsburg, he makes a strong plea for a revision of 
the unfavourable judgment that has generally been passed upon that 
officer. "Prevost died before he could stand his trial," he writes, "and, 
in default of his appearance, judgment has been given against him. 
This is very unfair. The whole weight of civil as well as of military 
direction lay upon him, and throughout the three wearing years of his 
command he was called upon to make bricks without straw. At the out- 
set he was bidden to do his best without hope of troops or of money ; 
and, though he received more of both than could have been expected, he 
never received them at the appointed time, and thus was unable to lay 
his plans with any certainty of being able to execute them. Above all 
he had no naval force, for but few officers and men could be spared from 
England; and yet this war was to all intent a naval war inland. Hence 
his instinct was to husband his resources, to stand constantly on the 
defensive, and to welcome every chance of an accommodation; and it 
cannot be said that such policy was altogether incorrect .... 
On the whole it must be said, taking his civil and military administration 
together, that he fulfilled an extremely difficult duty with no small mea- 
sure of success, amid endless worry and anxiety, and latterly, as it should 
seem, though he was not yet fifty years of age, under the burden of failing 



REVIEWS OF BOOKS 287 

health. When all is said, the criticism levelled at Prevost rarely rises 
above the natural but superficial cavilling of local and personal prejudice, 
and never regards the situation in its entirety. Yet, this is, above all, a 
case in which it must be remembered that, though subordinates may reap 
the credit for any local success, the responsibility for every failure 
everywhere recoils upon the Commander-in-Chief" (X, pp. 134-5). 

While the narrative contained in these chapters, is in the main, 
fairly accurate, a number of errors in detail appear, which cannot be 
easily accounted for. 

For instance, it is stated (IX, p. 308, note) that the 104th Regiment 
had arrived in New Brunswick late in 1812. The New Brunswick 
Fencibles was converted into a regiment of the line in 1810, and recruited 
up to the establishment there. Many of the junior officers and most 
of the men were natives. York is described as having "no defences except 
a ruined fort and five guns" (IX, p. 309). The fortifications were poor 
enough, but not in ruins, and an official return of garrison ordnance at 
York, dated March 31, 1813, shows that eighteen guns were available. 
The state- merit that "the cannonade of Fort George began at 4 a.m. of 
the 27th May," 1813, is incorrect. A letter from Lieut. -Colonel Harvey 
to Colonel Baynes, dated May 25, shows that it began at daylight that 
morning. "Sixteen small schooners" (IX, p. 323) should certainly be 
amended to read ten. "Lieutenant" Oliver Perry is described as 
building and fitting out his squadron at Fort Erie (IX, p. 324), and 
another reference is made to "the enemy's naval station at Fort Erie" 
(IX, p. 327). Major-General Procter's name is consistently mispelled. 
Lieut. -Colonel McDouall always figures as M'Donall. Ch&teauguay 
is invariably written Chdteaugai. Prevost is said to have "moved his 
head-quarters during the third week in July to the Niagara frontier" 
(IX, p. 330). The correct date is August 21. The date given for 
Wilkinson's advance upon Lacolle (X, p. 101) should be March 29 
instead of 19. "Nineteenth" (X, p. 105) should be Ninetieth. The 
width of Chippawa Creek, given as "fifty yards" (X, p. 107), is more 
correctly stated by Captain Mahan at one hundred and fifty yards, and 
the "thin belt of forest" at Street's Creek (X, p. 108) as "a strip of 
thick wood". "Twenty Mile Creek" (X, p. Ill) should undoubtedly 
read Twelve Mile Creek. The village of Queenston was not "burned by 
the American militia" (X, p. 111). "Two five-pounders" (X, p. 113) 
should read two twenty- four pounders. "Fort St. George" (X, p. 110) 
and "Burlingham Heights" (X, p. 124) are mistakes that require no 
comment. This list might be much enlarged. These are small 
defects, it is true, but they sensibly detract from the real merits of 
the book. 



288 THE CANADIAN HISTORICAL REVIEW 

Inaccuracies in quotation furnish more serious grounds for complaint. 

Yeo is quoted as having written to the Admiralty: 

I assure you, Sir, that the great advantage the enemy have over me from their 
big twenty-four-pounders almost precludes the possibility of success unless we 
can force them to close action, which they ever have avoided with the most studious 
circumspection (IX, pp. 323-4). 

Yeo's letter was addressed to Sir John B. Warren and the entire 

sentence reads as follows : 

I have deeply to lament the loss of our masts, otherwise in a quarter of an 
hour we should have brought them to close action, but I can assure you, Sir, that 
the great advantage the enemy have over us from their long 24 pounders almost 
precludes the possibility of success unless we can force them to close action which 
they have ever avoided with the most studied circumspection. 

Procter is quoted as writing with respect to the proposed destruction 

of "the enemy's naval station at Fort Erie" (X, p. 327) : 

It could easily have been done a short time since, it will now be a work of 
difficulty ... I would not willingly attack it without the whole of the first 
battalion of the Forty-first . . . It is not too late if they were sent at once to 
Long Point. Again, on the next page, Had the force ordered been sent to me I 
could have taken Presqu'ile thus securing the command of the Lake . . . 
If the command be lost it will be difficult to recover it (X, p. 328). 

What Procter actually wrote was : 

In my last letter I mentioned that I Conceived it requisite the whole of the 
41st Regiment should be in this district with as little delay as possible. I have 
only to say that the Detention of the Force ordered here by the Commander of 
the Forces has prevented this District being in a state of security, which the Des- 
truction of the Enemy's Vessels at Presque Isle would have effected. A service 
that might very easily have been completely effected a very short time since, but 

which I apprehend may now be attended with much difficulty I 

shall make the attempt willingly on Presque isle; except I have the whole of the 
first Battalion, which I have reason to believe there is not any real intention of 
sending me (Procter to McDouall, July 4, 1813). 

If I had received from the Niagara Line the Reinforcement which you directed 
should be sent, I should have it in my power by the destruction of the Enemy's 
Vessels in the Harbor of Presque isle, to have placed the Dock Yard and Post of 
Amherst in a state of security, that under existing circumstances, it cannot be said 
they are at present, however, though certainly more difficult to be effected, it 
may not be too late, if agreeable to Requisition the remainder of the 41st Regiment 
are immediately sent to Long Point (Procter to Prevost, July 4, 1813). 

Prevost is quoted as having written to Downie on September 10, 

1814: 

I ascribe it to the unfortunate change of wind, and I shall rejoice to learn from 
you that my expectations have been frustrated by no other cause (X, p. 129). 

To be properly understood the whole letter should be quoted, but 

the latter part of it actually reads as follows : 

I ascribe the disappointment I have experienced to the misfortune of a change 
of wind, and I shall rejoice to learn that my reasonable expectations have been 
frustrated by no other cause. 



REVIEWS OF BOOKS 289 

Volume X contains a very satisfactory index to both new volumes. 
The maps and battle-plans are remarkably well prepared. 

E. A. CRUIKSHANK 

Cours d'Histoire du Canada. Par THOMAS CHAPAIS. Tome II: 1791- 

1814. Quebec: Librairie Garneau. 1921. Pp. 343. 
THIS is the second volume of a series of lectures on the history of Canada 
which Senator Chapais, who is Professor of History at Laval University 
in Quebec, has been delivering at that institution. The first volume has 
already been noticed in the pages of this REVIEW (vol. I, pp. 314-316), 
and the praise which was accorded to the first volume is equally deserved 
by the second. Fortunate indeed are the students who sit at the feet 
of such a sound historian as Senator Chapais has once more shown him- 
self to be in this book. These lectures are no mere rechauffe of secondary 
authorities; they are based on an intimate study of the original docu- 
ments, and while they do not perhaps add much to the sum of our 
knowledge, they are written with such an excellent historical judgment 
and with such a full appreciation of the background of British politics, 
that they have a distinct value of their own. 

The title of the volume is perhaps a trifle misleading. The lectures do 
not attempt to cover the whole field of Canadian history from 1791 to 
1814; they deal only with the history of Lower Canada during these 
years, except for a few pages which trace the course of the War of 1812 
in Upper Canada. Of the political history of Upper Canada, or of the 
history of exploration and the fur-trade in the West, there is not a word. 
Perhaps these phases of Canadian history will be treated in a later 
volume: one does not like to think that the study of Canadian history 
at Laval University is confined to the study of the political history of 
the French-Canadian people, interesting and vital as that no doubt is 
to French-Canadian students. We are, French Canadians and English 
Canadians, co-heritors in a great heritage; and it would be a calamity 
if French-Canadian university students were to go out into the world 
without some knowledge of the history of the whole Dominion. 

Within the limits, however, which he apparently set himself, Senator 
Chapais has acquitted himself in a manner which deserves admiration. 
He appears to have neglected no important source of information ; and 
his method of treatment is dispassionate throughout. He has his 
' opinions, as every historian is entitled to have, but he holds them without 
rancour and animosity. Much as he deplores the course followed by Sir 
James Craig, he has a kindly word for Craig's sincerity, and he con- 
fesses that Craig would probably have made a good governor in one of 
the crown colonies (p. 232). Even the egregious H. W. Ryland, who 



290 THE CANADIAN HISTORICAL REVIEW 

probably djd more to embitter the relations between les deux races in 
Canada than any one other person, he describes as in private life "honor- 
able, integre, digne d'estime" (p. 148). He actually goes out of his way 
to point out that in 1809 Le Canadien admitted that the official language 
of the colony was English (p. 81, note). The fact is of no practical 
importance to-day ; but straws such as this show the way the wind blows. 
They show that Senator Chapais, French Canadian though he is, is an 
historian first and a French Canadian afterwards. 

One criticism and that a criticism rather of form than of anything 
else occurs to one. The constant recurrence of "nous" and "notre 
histoire" and "notre langue" is intelligible in a course of lectures de- 
livered by a French-Canadian professor to French-Canadian students; 
but on the printed page it has an appearance of provincialism. The best 
French and English historians do not thus use the first person plural 
pronoun ; they prefer to be more objective. No doubt if Senator Chapais 
had recast the form of his lectures for publication, he would have elimi- 
nated this feature of his book; but it must be confessed that, as the 
lectures now stand, this feature jars on the non-French-Canadian reader. 

The book is, nevertheless, one that no student of Canadian history 
should neglect. It is a masterly treatment of the period with which it 
deals; and the lists of "Sources et ouvragesa consulter" at the end of 
each chapter are alone worth the attention of the historical student. 
One looks forward with pleasureable anticipation to the next instalment 
of this Cours d' Histoire du Canada. 

A History of the Canadian Bank of Commerce, with an account of the other 
banks which now form part of its organization. By VICTOR Ross. 
Volume I. Toronto: Oxford University Press. 1920, Pp. xviii, 516. 
PROFESSOR FREEMAN'S definition of history as past politics was inade- 
quate. Much of what is vital to man does not touch the field of politics. 
But it is true that a wide range of interests touches politics, and among 
them is banking. Finance lies in the background of many, perhaps 
most, of our social problems. What a tale of politics would a frank 
history of the Bank of England tell, of Whig support and Tory an- 
tagonism, of anti-Jacobite resolves that the Stuart should not come 
back to the English throne, since, if he did, the bank founded by Whig 
money would be in danger. Banks have forbidden, perhaps also they 
have made, wars. German finance was bribed into supporting the recent 
war because it was promised new fields to exploit. During the war it 
was to the banks that governments looked to steady public credit. The 
history of a great bank is in large measure the story of the conditions 
in the society where it operates. 



REVIEWS OF BOOKS 291 

The Canadian Bank of Commerce, founded just after the federation 
of Canada in 1867, has published in a handsome form the first volume 
of its history. The chief author is Mr. Victor Ross, a Toronto journalist. 
Three of the six chapters, however, have been written by Professor 
Skelton of Queen's University, those dealing with the days before 
banks and with early banking in Upper and Lower Canada, and with 
the history of the Merchants Bank of Prince Edward Island, and the 
Bank of British Columbia. Dr. C. W. Colby, late of McGill University, 
has written the chapter on the Eastern Townships Bank. Mr. Ross 
himself has written the chapter on the Halifax Banking Company and 
the Gore Bank. Of the banks thus described those in Nova Scotia, 
Ontario, and British Columbia are the oldest in these provinces, and all 
five have been absorbed by the Bank of Commerce. The arrangement 
of the book leaves us rather in the air in respect to the Bank of Commerce 
itself. Its history is reserved for the second volume. In these pages it 
stands rather mysteriously in the background. It is younger than any 
of the five which it drew to itself. Nearly one-third of the book is 
given to a valuable appendix which is in large measure a history of the 
various aspects of Canadian currency. There are also statistics showing 
the dividends of the banks. In only a few years were they unable to pay 
dividends. 

The book has been prepared very carefully. The secretary of the 
Bank, Mr. Trigge, has sifted the facts. Though sometimes we have 
"to loan" for "to lend", the English style is good and on a high plane. 
Apart from the intrinsic interest of the story, the most striking feature 
of the book is the illustrations. These, with the text, constitute a history 
of currency in Canada. They include also many portraits of bank 
officers, and scenes in the history of the bank such as those of the Cariboo 
trail in British Columbia. There are reproductions of the card money 
of the French period, the first paper currency in North America, which 
in the last days of the French regime became so fertile an engine of the 
frauds of the intendant Bigot. Issues of currency by private companies, 
governments, and banks are given. At one time even individuals issued 
their own currency; one of the quaintest things in the book is an account 
(p. 128) of currency printed on leather by a shoemaker of Prince Edward 
Island. Currency in Canada has a bewildering history. The list (p. 62) 
of gold and silver coins held by the Halifax Banking Co. in 1831 makes 
our own difficult problems of currency and exchange seem almost simple. 
It was only a few years before the federation of Canada in 1867 that the 
dollar standard of the United States was adopted. The movement 
associated with the railway era which began in Canada about 1850 had 
made a common unit of currency a necessity. Spanish doubloons, 



292 THE CANADIAN HISTORICAL REVIEW 

patriot doubloons, half eagles, the pound sterling, York shillings, pis- 
tareens, were only some of the varieties of the coinage in circulation. 
We see one of the subtle forces working for Canadian union when we 
find Nova Scotia and what are now Ontario and Quebec adopting the 
dollar currency before they confronted political union. 

Banks began in Canada only a century ago. . To-day they are so 
vital a factor in commercial life that it is not easy to picture a society 
in which they did not exist. How, without banks, could matters of 
exchange be adjusted, could credits and debits pass from one country 
to another, couM reserves of money be held securely, could needed loans 
be effected? The answer is that governments and individuals discharged 
the functions of banks. One of the interesting things in this volume is 
the account of the Army bills issued in pre-banking days by the military 
command during the war of 1812 in denominations as low as one dollar. 
These were issued in payment for supplies and also, no doubt, for the 
pay of the soldiers, and they were used as currency. Private merchants 
took deposits from their customers and issued due bills circulated locally. 
In British Columbia, in the early days of the gold seekers, there was no 
bank to take charge of the precious metal. For security misers buried 
their own gold dust, in itself an invitation to the robber. The bank 
came as a relief from anxiety for the individual. 

There is no doubt that the Canadian banking system is based in 
large measure on what was done by Alexander Hamilton in the United 
States. The Bank of Montreal, the first Canadian Bank, began in 1817, 
but it was not until 1822 that the principle was established that banks 
should receive charters, conferring, no doubt, privileges but creating also 
obligations. In the United States, Hamilton, in founding the National 
Bank, which existed for only twenty years, had to meet the objection 
that banking was no affair of government and least of all of the federal 
rather than of the state government. To create the bank he had to 
accept severe restrictions. In Canada these were expressed in limita- 
tions upon the debts which the bank might incur in proportion to its 
capital and in government supervision. In a new country it was wise 
to follow Hamilton's example and to restrict the banks in respect to 
loans upon real estate. Probably Canada would have been saved from 
some desolating "booms" if this principle had always been carried out 
in the spirit as well as in the letter. But the restriction has not been 
thought necessary in England, and in Canada to-day it involves a serious 
handicap in respect to securing capital for the needed supply of houses. 
Nova Scotia was not under the same law as the older Canada. So 
chaotic, indeed, was colonial banking that in 1833 the British govern- 
ment laid down rules which should apply to all colonial banks. They 



REVIEWS OF BOOKS 293 

must redeem their notes in specie, they must limit discounts to directors, 
they must not lend money on the security of their own stock, they must 
lend only on securities easily realizable, and the shareholders must be 
liable for double the amount subscribed for their shares. 

It is impossible here even to outline the growth of banking unity in 
Canada as it kept pace with political unity. United with the Canadian 
Bank of Commerce of to-day are five other banks which had their 
beginnings in as many Canadian provinces. The story of each of these 
institutions has its own distinct interest. The Halifax Banking Co. was 
the creation of the first great Canadian capitalist. Enos Collins was 
one of the more than twenty children of his father, and he died worth 
from six to nine million dollars, a vast fortune even now. He and four 
of the eight partners in the bank sat in the council of twelve which was 
the second chamber and also the executive government of Nova Scotia. 
Naturally this was attacked by a reformer, such as Joseph Howe, and 
banking played a leading part in the political issues of Nova Scotia 
before 1840. 

The Merchants Bank of Prince Edward Island sprang, too, out of 
local needs. In Upper Canada William Lyon Mackenzie assailed the 
Gore Bank at Hamilton in which his rival, the Tory leader, Sir Allan 
MacNab, was a conspicuous figure ; and banking and the Family Compact 
worked in alliance. We find another interesting type of local conditions 
in the creation of the Eastern Townships Bank in Lower Canada. The 
people of the Townships spoke English and insisted on having English, 
not French, land laws. Before the railway, they were remote from 
Montreal, and so they created a bank of their own. In remote British 
Columbia another type of bank was created. About 1860 capital was 
superabundant in England. It then took four months for goods to 
reach British Columbia and the shortest route for passengers was across 
the Isthmus of Panama and from there by San Francisco to Victoria. 
Yet, persuaded by fortune-seekers in British Columbia, London capi- 
talists founded the Bank of British Columbia. They retained control 
in London, but it is amusing and sometimes tragic to see how futile were 
their efforts to check in their agents the speculative spirit inevitable in a 
new and rich country. 

In his introduction, Sir Edmund Walker mentions the humours of 
banking, and some of them are noted here. The old days were more 
easy-going than ours. There were many holidays. The death of King 
Charles the Martyr, the Restoration of Charles II, and the Gunpowder 
Plot were observed, together with other incidents forgotten now. The 
system of inspection, rigorous to-day, but even so still fallible, was 
loose; the Bank of British Columbia was, it was said, a "gentleman's 



294 THE CANADIAN HISTORICAL REVIEW 

bank", and it was not regarded as gentlemanly for an official to arrive 
without notice and take charge of an office. Invariably, as the banks 
were united, more rigorous methods were adopted, and all to the ad- 
vantage of financial stability. It is quite clear that the path of the 
banker was thorny and that, even with a discount rate as high as thirty- 
six per cent, in the far west, profits were by no means assured. The 
union of the local banks in a larger whole followed naturally the political 
union of the country which offered wider opportunity. This helped to 
equalize profits. There might be a good year in Nova Scotia when there 
was a bad one in British Columbia. 

There are the facts here for a philosophy of banking based on the 
need of a stable basis for public confidence and credit and the circulation 
and exchange of values and the reaction of these things on political unity. 
The story in this book is that of the transition from primitive barter to 
the highly organized systems of to-day which few people really under- 
stand. The mysteries of exchange are still almost beyond analysis. 
This book is a notable record of the achievements of the banker. It is 
more than a record of the past in which intelligence and energy made 
capital available for social service. It is a forecast of a future, clouded 
and difficult beyond anything ever known before. In the small com- 
munities of earlier days the felt need brought to the front natural leaders. 
To-day the vast mechanism of the banks may foster the coming to the 
front by mere routine of men who are bankers and only bankers. In 
England and in Canada the complaint is now often made that many 
leading bankers are not adequately educated for their great tasks. It 
is for the banks to find a policy which will correct this fault. They com- 
mand vast resources, and the public will support them in offering ade- 
quate rewards to adequate education. By this story of its past the 
Canadian Bank of Commerce has shown its desire to link banking with 
the wider aspects of society and has added a vital chapter to the economic 
history of Canada. 

GEORGE M. WRONG 

The Life of Dr. McCulloch. By the Rev. WILLIAM McCuLLOCH., D.D. 
Edited by ISABELLA WALKER McCuLLOCH and JEAN WALLACE 
MCCULLOCH. Truro, Nova Scotia. 1920. Pp. 218. ($2.50.) 
THE life of Dr. Thomas McCulloch is the history of the progress of non- 
sectarian higher education in Nova Scotia, and in a great measure the 
history also of the gradual ascendancy of the Legislature over the Council. 
It was only, indeed, when the Legislature at last became supreme that 
non-sectarian higher education was firmly established in Nova Scotia. 
In the struggle Dr. McCulloch played a conspicuous part. In fact, 



REVIEWS OF BOOKS 295 

while Joseph Howe was still a Tory, Dr. McCulloch was advocating 
greater freedom for dissenters, both in education and politics; and Howe 
in later years admitted that his change of view-point was effected by 
Dr. McCulloch 's writings. 

Intending to accept a call to Prince Edward Island, Dr. McCulloch 
arrived in Pictou from Scotland in the winter of 1803. As the passage 
of the Strait was dangerous at that time of year, he remained in Pictou, 
and finally accepted a call to the Presbyterian Church irj^that village. 
In 1803 King's College at Windsor, which had been established by royal 
charter and was supported by a government grant, was closed to all 
who would not profess the Episcopal faith. Dr. McCulloch recognized 
the need of higher education for these dissenters, who comprised about 
four-fifths of the population of Nova Scotia. With this in view, he 
established a school in his own house, and shortly afterward erected a 
log school-house, in which subjects of a higher order were taught than 
those in which tuition could be obtained in the common school. This 
school was the beginning of the famous Pictou Academy, and the first 
non-sectarian school for higher education in the province of Nova Scotia. 
In 1811 Dr. McCulloch was appointed by the government principal 
of the provincial grammar school, and in this school he was subse- 
quently given a room in which to instruct divinity students, and was 
made professor of divinity by the Nova Scotian synod of the Pres- 
byterian Church. Here many difficulties were encountered and over- 
come, and progress was made; but at last the school could not withstand 
the assaults made against it and the lack of spirit of its supporters, and 
in 1838 closed its doors. Then Dr. McCulloch accepted the invitation 
of the government to undertake the principalship of Dalhousie College, 
where he laboured with varying success until his death, five years later. 
He did not live to see the fruit of his unselfish work; but the early com- 
plete emancipation of all dissenters was greatly due to his influence. 

The biography has been written by Dr. McCulloch's son William, and 
has been published, after the death of the latter, by two of his grand- 
daughters. Much is contained in the volume of little interest to those 
outside of the family circle; and many names have been suppressed 
which would have added interest to the narrative. It is hard to see why 
these names have been omitted, as now almost a century has passed. 

j. F. CAHAN 

Canada in the Great World War. By various authorities. Volume VI: 
Special Services, Heroic Deeds, etc. Toronto: United Publishers of 
Canada 1921. Pp. viii, 393. 

'MOPPING up" is a difficult and uninteresting literary process, and 



296 THE CANADIAN HISTORICAL REVIEW 

although the work has here been cleanly and adequately done, the sixth 
and presumably last volume of this general history of Canada in the war 
lacks the coherence of the earlier instalments that have received favour- 
able notice in this REVIEW. Yet there is much interesting material in 
it for the layman. The three opening chapters deal with the Artillery, 
the Engineers, and the Army Medical Corps, and very wisely specialize 
in explaining the nature of the work of these units to the non-technical 
reader. Attempts to compress an immense amount of detail into short 
chapters in a volume of this kind are not successful. 

In the second part of the book, which deals with religious, social 
and women's activities in the war, two very modest chapters on what 
the "padres" and the Salvation Army tried to do, are both more effec- 
tive than the catalogue of activities attempted on the Y.M.C.A., Knights 
of Columbus, and women's organizations, in the last of which particu- 
larly there are inevitable omissions that to some readers will seem 
notable. The chapter on the Chaplains' Services is one of the best in 
the book, only slightly marred by the apparent blunder of putting the 
Canadian Mounted Rifles on the Somme at the very time that they 
were being annihilated at Mount Sorrel, and by a tinge of bitterness on 
the subject of promotions which appears on the same page (134). Even 
better is Mr. L. J. Burpee's chapter on the C.A.M.C., which in particular 
deals with admirable restraint with the Bruce and Baptie Reports con- 
troversy. There is a chapter on demobilization which goes to the ex- 
treme of caution in completely omitting specific reference to riots in the 
Rhyl district. A curious absence of proportion appears in the chapter 
on Russia, as the northern campaign, in which the only Canadian unit 
employed was Colonel Sharman's artillery brigade, receives twenty 
pages, while the Siberian expedition of over 4,000 Canadians of all arms 
receives only two or three short paragraphs. 

The last third of the book contains Gazette accounts of the Canadian 
V.C. exploits, and an appendix of the names of the various officers com- 
manding the Canadian overseas units. The latter is a subject full of 
pitfalls for those who have not time to go carefully into the complexities 
of acting, temporary, and permanent commands, but the editor should 
hardly have missed the fact that Colonel Hamilton Gault returned to 
Canada in command of the unit that he raised (see p. 321). The constant 
use of the word "Hun" for "German" in every kind of context calls for 
a mild protest. Surely this is now an anachronism. The vast majority 
of fighting soldiers have long since given a half-playful sense to a word 
that undoubtedly served a perfectly legitimate purpose as propaganda, 
but is quite out of place in military history. 

R. HODDER WILLIAMS 



REVIEWS OF BOOKS 297 

Letters from the Front; Being a Record of the Part Played by Officers of the 
Bank in the Great War, 1914-1919. Edited by CHARLES LYONS 
FOSTER ; supplemented, and incorporated in this volume, by WILLIAM 
SMITH DUTHIE. Vol.1. The Canadian Bank of Commerce. [1920.] 
Pp. clix, 344. 

THIS magnificent volume is a memorial to the part played by officers of 
the Canadian Bank of Commerce in the Great War. It contains a com- 
plete list of enlistments from the bank, the photographs of those mem- 
bers of the staff of the bank who laid down their lives, and of those who 
were decorated or mentioned in despatches, and a striking series of 
excerpts from letters written by Bank of Commerce men at the front. 
These letters were originally published in pamphlet form during the war, 
primarily for circulation among members of the bank staff, both at 
home and overseas ; but are now collected in one volume, with the addition 
of supplementary letters, and are offered to the public, in the hope, as 
Sir John Aird says in his introduction, that they "will prove of value 
to those who desire first-hand impressions of the fields on which Canada's 
sons have won immortal fame". 

It is perhaps too much to say that these letters have any historical 
value. The men in the trenches often knew less of what was going on 
than anyone else. But these letters should be of use to the historian as 
illustrative material, and perhaps an occasional letter might even be 
used to establish a doubtful point. The main interest of the book, 
however, lies not in its value as the raw material of history, but in its 
quality as a memorial of the part played in the war by the officers of a 
great Canadian bank. 

The Story of Canada's War Finance. By Sir THOMAS WHITE. Montreal: 

The Canadian Bank of Commerce. [1921.] Pp.70. (Gratis.) 
IN this little book, Sir Thomas White reviews his stewardship throughout 
the war as Minister of Finance. He was, in a very real sense, the "pilot 
who weathered the storm", for the strange events of August, 1914, were 
even more bewildering for the Canadian than for the British statesman. 
In England, the Stock Exchange was closed for a time, and a moratorium 
was hastily declared. It is said that for a moment the financiers who 
met at the Bank of England to consider emergency measures, were at a 
loss for immediate expedients. But once the panic that threatened to 
develop had been allayed by special orders, the machinery for raising 
public loans, on a scale sufficient for the struggle, was at hand and 
ready. And in the British fiscal system the Chancellor of the Exchequer 
possesses a means of getting revenue, more elastic than any to be found 
elsewhere. Canada had neither of these advantages. The domestic 



298 THE CANADIAN HISTORICAL REVIEW 

loans that had been floated before the war were trifling judged by the 
standards now common. Canada had neither organization nor resources 
of the kind she needed. Her fiscal system, devised with an eye to the 
protection of infant industries, as well as for revenue purposes, was 
quite inelastic. Worst of all, her industries without exception were 
depressed. 

The problems that faced the Finance Department weYe thus novel in 
kind as well as in proportion. Sir Thpmas White explains, step by step, 
the gradual evolution which at last made it possible to raise, by means 
of three Victory Loans, the very large sum of $1,700,000,000. He details 
the currency reforms which served as a foundation, and the reasons for 
their adoption. He traces the great fluctuations in foreign exchange, 
which led to the "pegging" of exchange rates, on a scale still difficult 
to realize. He describes the r6le of the Royal Mint at Ottawa, which 
for very many months was the keystone on which rested all the com- 
plicated structure of Anglo-American finance. Not least important is 
his account of the new fiscal expedients to which he resorted, the reasons 
therefor, and the weaknesses that (in his opinion) distinguished some 
of them. The book is a rare combination of good economics and good 
journalism. Wide in its scope, and complex in its subject-matter, it is 
a triumph of compression. It is an essential document for the proper 
appraisal of the part played in the war by Canada; and the financial 
policy pursued in wartime, if it be thought to need vindication, is surely 
vindicated here. 

To the future student of our war finance, it is probable that the pro- 
cess which we have agreed to call "inflation " will appear of overwhelm- 
ing interest. Sir Thomas White writes as a man of business for his 
fellows, and is not directly helpful here. He does not attempt a strict 
analysis of the delicate but obscure relations between an excessive issue 
of fiat money, the level of prices in the markets, rates of interest, and 
the movement of exchange rates. Indeed, from his account of what 
happened, it is at least doubtful whether he has fully worked out those 
relations for himself. But though this lessens somewhat the value of 
his work (and if he had made such an analysis, he would have been 
compelled to write a much larger book), it presents nevertheless a side 
of the problem of inflation which academic thinkers, visualizing war 
expedients from the peaceful seclusion of a study, are sometimes apt 
to forget. Sir Thomas White emphasizes, from first to last, the fact that 
what was done had always to be done quickly. War is always a series 
of emergencies. War expedients are apt to bring with them ulterior 
consequences which the ministers themselves are not able to foresee. 
They leave behind them as a legacy the perplexing financial problems 



REVIEWS OF BOOKS 299 

of peace with which the present is making us familiar. But the over- 
whelming impression which will be carried away by readers of this book, 
is that the first requisite in a Finance Minister who has to deal with 
crises is a capacity for prompt decision. The man who waits for second 
thoughts is courting disaster. It is more important to save the banks 
from a run when war is impending than to save them from a crisis when 
treaties have been signed. The measures adopted in the first week of 
the war were effective in preventing panic. They were adopted so 
hurriedly that (as Sir Thomas White retrospectively confesses) they 
were actually quite illegal. But they served their purpose, and made 
great efforts possible. 

G. E. JACKSON 

Canada. Von Louis HAMILTON. (Perthes 1 Kleine Volker-und Lander- 
kunde: 8 Band.) Verlag Friedrich Andreas Perthes A. G. Gotha. 
1921. 174 S. (M. 24.) 

THE series in which this publication appears is for "use in practical life". 
Consequently the volume consists of a compilation of information. 
The chapters deal with a variety of topics. Geography and natural 
resources occupies sixty pages; population forty pages; industries, trans- 
portation, and trade seventy pages; and general topics such as history 
and political conditions fill in the remaining forty pages. Particular 
emphasis is placed on a discussion of the German-Canadian tariff war 
and trade, of the possible effects of the political situation on the tariff, 
of the political status of Canada as a nation, of the possible influence of 
the Hudson. Bay Railway and other transportation improvements on 
the marketing of wheat in Europe. The history of Canada from Cabot 
to the present time is dealt with in eight pages. 

The significance of the compilation is in its appearance and its char- 
acter rather than in its information. The fur-trade is considered, but 
the author finds himself obliged to omit such an important subject as 
banking. Very little of the material is taken from sources dated as late 
as 1919, and some from sources no later than 1914. Nevertheless, infor- 
mation "in deutscher sprache iiber Canada" is slight (p. vii). The series 
is an index of the strenuous reconstruction efforts of Germany, and the 
present volume is undoubtedly a testimonial to the new position which 
Canada has gained in German appreciation because of the war. 

H. A. INNIS 

Fifteenth Report of the Bureau of Archives for the Province of Ontario. By 
ALEXANDER FRASER. Printed by order of the Legislative Assembly 
of Ontario. Toronto: King's Printer. 1920. Pp. xix, 782. 



300 THE CANADIAN HISTORICAL REVIEW 

DR. ERASER'S voluminous publication chiefly consists of manuscripts, 
here photo-lithographed, on the Huron language by the Rev. Pierre 
Potier, S.J. (pp. 1-688). It also embodies (1) the "Account Book of the 
Huron Mission at Detroit and Sandwich (1740-1751) ", by Frs. Richardie 
and Potier, with translations and notes by Richard R. Elliott (pp. 689- 
715) ; (2) two "Huron Glosses" from the Jesuit Relations (pp. 717-724) ; 
and (3) a "Grammar of the Huron Language, by a Missionary of the 
Village of Huron Indians of Lorette, near Quebec, found amongst the 
papers of the Mission, and translated from the Latin, by Mr. John 
Wilkie" (reprinted from the Transactions of the Literary and Historical 
Society of Quebec, 1831), (pp. 725-777). 

Potier 's manuscripts include his " Elementa Grammaticae Huronicae " 
(pp. 1-157); his "Radices Huronicae" (pp. 161-455); and the "Extraits 
de 1'Evangile" and other pious exercises, translated into Huron (pp. 
461-688). 

As may readily be seen, the bulk of the materials presented are first 
of all intended for linguists and students of Iroquoian dialects. The 
"Account Book" and a short sketch of the census, organization, etc., 
of the Huron villages in the neighbourhood of Detroit (pp. 148-157), 
are the only parts of any interest to the students of history and ethnology. 

For nearly three centuries the Iroquoian dialects have been the object 
of missionary studies. A slow and gradual progress in the understanding 
of the fundamental elements is apparent in the extensive early contribu- 
tions, among which that of Potier occupies the front rank. But no 
grammar or lexicon has yet been produced the technical value of which 
would satisfy our present-day requirements or enable a linguist to 
undertake a thorough comparative study of Iroquoian dialects in relation 
to each other or to those of other North American linguistic stocks, 
Siouan or Algonkin, for instance. 

The earliest and crudest attempt at penetrating the secrets of an 
Iroquoian dialect dates back to the first part of the seventeenth century; 
it is found in the "Dictionaire de la langve Hvronne" (1615-1630) of 
Frere Gabriel Sagard The"odat (in his Histoire du Canada et Voyages, 
Paris, 1636, vols. 3-4). Father Jacques Bruyas's Mohawk "Radices 
verborum" (Shea's Library of American Linguistics, x, 1863, pp. 123), 
recorded at the end of the seventeenth century, revealed some progress 
in a sound direction; little, however, seemed yet to have been accom- 
plished in the way of analysing the component grammatical elements; 
classification had gone no further than outlining four groups of radicals 
or conjugations. Pronominal elements and suffixes were yet to be 
isolated from their supporting verb and noun stems. 

A long step forward is noticeable in Potier's grammar. Analytic 



REVIEWS OF BOOKS 301 

work by that time reached far enough to reveal the existence of the two 
fundamental Iroquoian paradigms and the five outstanding classes of 
radicals. 

Although prepared in the same period, Rev. David Zeisberger's 
Essay of an Onondaga Grammar (reprinted from the Pennsylvania 
Magazine of History and Biography, Philadelphia, 1888, pp. 1-45) is 
far more elementary, and an improvement only as compared with 
Bruyas's sketch, which must have been known to the author. 

A later stage in the study of Iroquoian wafe evidenced in Father J. A. 
Cuoq's Etudes philologiques sur quelques langues sauvages de VAmerique 
(by N.O., 1866), and in his subsequent Jugement err one de M. Renan 
sur les langues sauvages (Montreal, Dawson Bros., 1869), and Lexique de 
la langue iroquoise (Montreal, 1882). In Cuoq's Lexique the noun and 
verb radicals appear stripped of their pronominal elements; and a 
number of prefixes and suffixes are given independently of their context. 

Although due acknowledgement may not be on record, the authors 
of the above-mentioned grammars and lexicons drew most, if not all, of 
their materials from the records already available at their missions and 
gradually improved upon by their unnamed predecessors. Thus it is 
known at Caughnawaga that Cuoq's data were derived from Rev. Joseph 
Marcoux's manuscript studies of Mohawk (1819-1855) which are to 
this day utilized by the Caughnawaga missionaries. Father Potier's 
model for his Huron grammar and vocabulary, according to Shea 
(quoted in the above Fifteenth Report, pp. 707-8, footnote), was Father 
Chaumonot's manuscript studies of the Lorette sub-dialect. 

Later philological studies on the Oneida and Wyandot dialects are 
those of Dr. Franz Boas ("Notes on the Iroquois Language", in The 
Putnam Anniversary Volume, Cedar Rapids, Iowa, The Torch Press, 
1909) and of C. M. Barbeau ("Classification of Iroquoian Radicals with 
Subjective Pronominal Prefixes", Memoir 46, Geological Survey, Can., 
1915). Scientific accuracy in phonetics was aimed at, in these mono- 
graphs; and phonetic processes or laws were explained, the result of 
which was further to account for and simplify apparent irregular features. 

Further bulky materials in manuscript form, on the different Iro- 
quoian dialects (Cayuga, Seneca, Wyandot, Tuscarora, Cherokee, etc.) 
are also available at the Smithsonian Institute of Washington (J. N. B. 
Hewitt) and at the Anthropological Division of the National Museum 
of Canada (C. M. Barbeau and A. A. Goldenweiser). 

In spite of the many published contributions, none of the Iroquoian 
dialects can as yet boast of a fair and correct record of its various features, 
and the comparative study of the dialects with a view to discovering 
their genesis has not yet seriously been attempted. 



302 THE CANADIAN HISTORICAL REVIEW 

The amount of work involved in the preparation of a grammar 
like been able to find their place in one of the regular sub-classes of 
the five that of Potier is astounding, especially when it is considered 
that, at the time, scientific experience in that field was non-existent 
and the assistance of expert native interpreters was presumbaly not 
to be had. 

As was to be expected in the circumstances, shortcomings are con- 
spicuous in Potier's efforts. Some of these, rather than meritorious 
features, may briefly be indicated here. Word groups, in Iroquoian, 
consist of a verb radical or of a verb and noun radicals, and of several 
closely attached prefixes and suffixes. These units can be sundered into 
their component elements only with the help of a thorough knowledge 
of the elements involved and of phonetic processes regulating the com- 
bination of vowels and consonants. The analysis of these elements had 
not proceeded far in Potier's time. Thus what we would expect to be 
single stems, in "Radices huronicae" (pp. 161-444), really consist of 
complex units prefix, radical or radicals, and suffix. A radical, be- 
sides, may be repeated several times in the list, according to the various 
suffixes modifying it. Such a list, being obviously burdened with ex- 
traneous and oft-repeated features, is cumbersome and confusing. Most 
of the "radicals" listed in the first conjugation are actually preceded 
by the prefix -at-, "self" (Potier's so-called "Reciprocal Verbs", p. 59), 
which automatically brings them into the first conjugation, while they 
may in fact belong to any one of the five conjugations. 

Few of the phonetic and grammatical rules unconsciously observed 
by the Hurons in forming their word units or "clusters" were perceived 
by the early grammarians; and the syntax governing the relation of the 
"clusters" to each other was only vaguely outlined. As Potier, for 
one, usually dealt with concrete cases rather than with broad generaliza- 
tions, his grammar is lengthy and confusing, consisting largely of un- 
essential features, and is insufficient to procure a grasp of the funda- 
mentals. Instead of coping with the genius of the language, he painfully 
retained a method and frame only suited to commonplace European 
notions. Thus the Huron verbs are laboriously ushered through the 
cumbersome modes of our conjugations, while in most cases the indica- 
tion of a few prefixes e- for the future, for instance would have been 
sufficient. No less than three pages are devoted to his so-called "re- 
duplication", in the sense of iteration ("De Reduplicatione", pp. 24-27), 
while the only feature under observation was the prefix sa-, "again". 
A more complete digestion of the linguistic data and the understanding 
of some phonetic processes would have done away with many obscure 
points and, in particular, with his lengthy section on "De Verbis Ano- 



REVIEWS OF BOOKS 303 

malis" (pp. 32-47), consisting of verbs given singly for want of having 
conjugations. 

In other cases, important grammatical features escaped Potier's 
attention. His "Relationes" or combined pronouns (pp. 17-23), for 
instance, nowhere include the actually existing prefixes for from two 
to five persons in the dual. The terms "Relatio activa" and "relatio 
passiva" seem to be misnomers; the Huron equivalent of "ego-ilium", 
etc., is termed "relatio activa", and that of "ego ab illo", etc., as 
"relatio passiva", while, in fact, the second should have been trans- 
lated "he me, he him", etc., no such distinction as "active" and 
"passive" being in evidence. 

Lack of sufficient accuracy in the phonetic record of sounds was a 
serious drawback. From the mere orthography the reader could not 
generally reproduce the words exactly as they were to be articulated; 
for, in Iroquoian, there are a large number of functional glottal stops 
and breathings, vowels lengthened or shortened according to the meaning 
to be conveyed, stresses or accents characterizing certain syllables. 
For instance, in the pronouns for the dual (Paradigm A), the "first 
person exclusive" only differs in the length of a vowel from the "third 
person masculine", a- being brief in the first case and long in the 
second. From a phonetically accurate list of stems a large number of 
instances could be cited where the meaning of equivalent syllables hinges 
only on the presence or absence of a glottal stop, breathing, a stress or a 
long vowel; e.g., -ara, to count; ara", to run;-oJow', to be possible; -a' ton, 
to say; -gya, to bark; -'gya, to hold, etc. None of these features being 
indicated in the early grammars, ambiguity could only result when the 
reader depended exclusively on the written record. 

It is safe to conclude that, on account of such inaccuracies and im- 
perfections, Potier's grammar and lexicon cannot serve as final records 
of the Huron language ; their only utility lies in the fact that they embody 
a vast amount of fairly accurate raw linguistic materials to be utilized 
and sorted out by a linguist aided by a supplementary field knowledge 
of another Iroquoian dialect. Potier's contribution had the additional 
value of being one of the only two extant records (the other being 
Chaumonot's) of Huron proper, a dead language for the past fifty years. 
We say "dead language", for Wyandot as it is still spoken by a few 
survivors on the Detroit River and in Oklahoma, is not the absolute 
equivalent of the Huron described in the written records. Several shades 
or slight differences are consistently in evidence, in the paradigms for 
instance ; and the consonant m in Wyandot has for an equivalent the 
usual Iroquoian w in Huron; e.g., eagle is, in Huron, tsawenhuhi and, in 
Wyandot, tsamenhuhi. 



304 THE CANADIAN HISTORICAL REVIEW 

A puzzle here confronts us. The present-day Wyandot being different 
enough from Huron to be described as another sub-dialect, how is it that 
Potier while studying it should exactly reproduce the Lorette Huron 
characteristics without even pointing to a difference? Still, no doubt is 
possible, from tradition or historic records, that the Detroit and Okla- 
homa Wyandots are the direct descendants of those located in the 
vicinity of Detroit at the time when Potier was writing, and that their 
sub-dialect has not become materially altered since. The most likely 
presumption is that Potier's work is largely, if not exclusively, that of a 
compiler writing up and classifying the materials of his predecessors, 
which were available at the Lorette Huron mission. Thus as an American 
residing in England might retain his native accent, Potier quite possibly 
may, at Detroit, have persevered in the notions acquired while in training 
at Lorette, and worked upon Lorette manuscripts without seriously 
attempting to fit them to his Detroit environment. 

A somewhat curious corroboration of this view was found in another 
field. The Detroit Wyandots had nine clans (the Deer, Bear, Porcupine, 
Beaver, Big Turtle, Mud Turtle, Prairie Turtle, Hawk, and Wolf clans) ; 
the Lorette Hurons, on the other hand, had only three: the Deer, the 
(undifferentiated) Turtle, and the Wolf. When Potier describes the 
Wyandot clans (p. 152), however, he merely gives the three clans known 
at Lorette without bothering about those existing at his very doorstep; 
which confirms us in the impression that, as a whole, he was seeking his 
information in written sources rather than in facts observed at first-hand. 
The perfection of his own manuscripts in itself indicates that he may 
have been more at home in his workroom than in the smoky barkhouses 
of his flock. 

<To conclude. Although the photolithographic reproduction of the 
MSS. in Dr. Eraser's Fifteenth Report is on the whole very satisfactory, 
we find many lines blurred, which makes the deciphering of characters 
more than arduous in spots. The readers of the Grammar will note 
that, after the two missing manuscript pages 11-12, the heading "... 
par s" (p. 15) is the equivalent of our "objective pronominal prefixes" 
or "paradigm B"; this set of pronouns is given as a counterpart to 
"... parad. C" (p. 7), our "paradigm A" or "subjective pronominal 
prefixes". 

It is somewhat to be regretted that, in an otherwise carefully pre- 
pared volume, the printer's work should have been marred by some 
awkward misprints, for instance: the title (p. 457) should be "Extraits de 
L'evangile" instead of "... evange/e"; in Abbreviations (p. 160), the 
more important oversights consist of "rewproque" instead of "reci- 
proque"; "siwe ru (respectu) " instead of "sive ru (Latin), ou bien"; 



REVIEWS OF BOOKS 305 

"e-(etiam) ou une (or) un" should be "... et (or) aussi" meaning 
"also"; a (as in p. 371) does not stand for "autem" but for the Latin 
equivalent of "by" in English. 

For his untiring zeal in publishing valuable documents on ancient 
Huronia, Dr. Eraser deserves great credit and praise. The only point 
in his interesting general introduction we cannot quite agree with is that 
with reference to the origin of the three groups of the Hurons after their 
dispersion (p. xviii). The present-day Oklahoma Wyandots were not 
originally a third independent group, but the direct descendants of the 
Detroit River band, whose ancestors, owing to political troubles in the 
middle of the eighteenth century, drifted away from the Detroit settle- 
ments to establish a village, first at Sandusky (Ohio), and later at Upper 
Sandusky; this group moved out, in 1843, to the site of Kansas City 
(Kansas), and was, in 1871, transferred by the American government to 
their present reserve in Oklahoma (see, among other references, P. D. 
Clarke, Origin and Traditional History of the Wyandotts, Toronto, 1870.) 
In our investigations at Wyandot Reserve, Oklahoma, we have found 
no evidence of there being any Neutrals among them. The Detroit 
band and their Oklahoma relatives are, we presume, the direct des- 
cendants of the Tobacco or Petun Nation, while the Lorette tribe repre- 
sents the original eastern villages of the Hurons. This would account 
for the sub-dialectal differences formerly extant in the two bands. 

C. M. BARBEAU 



RECENT PUBLICATIONS RELATING TO CANADA 

(Notice in this section does not preclude a more extended review later.) 

I. THE RELATIONS OF CANADA TO THE EMPIRE 

[ANON.] The Meeting of the Imperial Cabinet (Round Table, June, 1921, pp. 535-557). 
A discussion of the problems before the meeting of the prime ministers of the 
Empire held in London in July, 1921. 

ASHBOLT, A. H. An Imperial Airship Service (United Empire, July, 1921, pp. 499-502). 
A concrete proposal for the formation of a commercial company, backed by 
the governments of Great Britain and the Dominions, for the institution of inter- 
imperial communication by airship. 

BULKELEY, J. P. The British Empire: A Short History. With an introduction by Sir 
CHARLES LUCAS. Toronto: Oxford University Press. 1921. Pp. 238 (3sh. 6d.) 

An outline, apparently intended for use in schools. 

CARON, 1'abbe IVANHOE. La politique coloniale de V Angleterre aux xviie et xviiie siecles 
(Revue Canadienne, vol. xxvi, no. 4, pp. 341-245). 

A brief, but judicious, account of British colonial policy in the seventeenth and 

eighteenth centuries, written primarily to serve as an introduction to a book on the 

history of colonization in the province of Quebec which the author is bringing out. 

EGGLESTON, F. W. Imperial Unity and the Peace Treaty (Quarterly Review, April, 1921, 

pp. 286-306). 

A study of the problem created, in the British Commonwealth of Nations, by 
the inclusion of the self-governing Dominions in the League of Nations. 
FINDLAY, the Hon. Sir JOHN. The Future Government of the Empire (United Empire, 
July, 1921, pp. 515-524). 

A plea for the creation of some machinery for continuous consultation between 
the British government and the governments of the overseas Dominions. 
HICHAM, C. S. S. History of the British Empire. London: Longmans, Green, and Co. 
1921. Pp. 284. (5 sh.) 

A text-book. 

KENNEDY, W. P. M. Canada and the Imperial Conference (Contemporary Review, 
July, 1921, pp. 61-64). 

An attempt to state Canada's attitude toward some of the problems before the 
Imperial Conference. 

POLEY, A. P. The Imperial Commonwealth: A Survey of Commercial, Industrial, and 
Social History from the Tudor Period to Recent Times. London : Cassell and Co. 
1921. Pp. 388. (12 sh. 6d.) 

A text-book for more advanced students. 

SMITH, WILLIAM ROY. British Imperial Federation (Political Science Quarterly, June, 
1921, pp. 274-297). 

A discussion, by an American student, of the problem of the government of 
the British Empire, with an account of the movement toward imperial federation, 
and of the history of the Imperial Conference, the Committee of National Defence, 
and the Imperial War Cabinet. 

300 



RECENT PUBLICATIONS 307 

WILSON, PHILIP W. The Imperial Conference (North American Review, June, 1921, 
pp. 725-735). 

A brief, but suggestive, survey of the imperial problem. 

WOODWARD, W. H. A Short History of the Expansion of the British Empire, 1500-1020- 
Cambridge: University Press. 1921. Pp. 352. (Qsh. Qd.) 
A survey of the growth of the Empire since 1500. 

II. HISTORY OF CANADA 
(1) General History 

[CANADA, HISTORICAL SECTION OF THE GENERAL STAFF.] A History of the Organization, 
Development and Services of the Military and Naval Forces of Canada from the Peace 
of Paris in 1763 to the Present time. With Illustrative Documents. Volume III: 
The War of the American Revolution, The Province of Quebec under the Administration 
of Governor Frederic Haldimand, 1778-1784. [Ottawa. 1921.] Pp. xxix, 271. 

Reviewed on page 280. 

CHAPAIS, THOMAS. Cours d'histoire du Canada. Tome II (1791-1814). Montreal: 
L'Action Franchise. 1921. Pp. 350. ($2.00.) 

Reviewed on page 289. 

GROULX, 1'abbe LIONEL. Vers V emancipation: Cours d'histoire. Montreal: L'Action 
Francaise. 1921. Pp. 312. ($1.00.) 

Reviewed on page 278. 

RIDDELL, Hon. W. R. When Human Beings were Real Estate (Canadian Magazine, June, 
1921, pp. 147-149). 

A note on the history of slavery in Canada. 

SULTE, BENJAMIN. Melanges Historiques: Etudes eparses et inedites. Compilees, anno- 
tees et publiees par GERARD MALCHELOSSE. Montreal: G. Ducharme. 1921. 
Pp. 163. ($1.00.) 

Reviewed on page 274. 

(2) The History of New France 

CARON, 1'abbe IVANHOE. La bataille des Plaines d 1 Abraham (Le Canada Frangais, mai 

1921, pp. 193-206). 

A valuable discussion of the topography of the Battle of the Plains of Abraham. 
CASEY, MAGDALEN. Dollard des Ormeaux and the Siege of the Long Sault (Canadian 

Magazine, August, 1921, pp. 326-331). 

A popular account of a famous incident in early Canadian history. 
GOSSELIN, Mgr AMEDEE. Jean Jolliet et ses enfants (Transactions of the Royal Society 

of Canada, 3rd seiies, vol. xiv, sect, i, pp. 65-81). 

Genealogical and other notes, supplementing the information about the Jolliet 

family contained in the late Ernest Gagnon's monograph on Louis Jolliet. 
LIBBY, WALTER and CHARLETON, M. Finds Stobo's Letter: New Light on the History of 

Pittsburgh. [Reprinted from "Pittsburgh First", published by the Pittsburgh 

Chamber of Commerce, July 4, 1921.] 

An account, and reproduction, of two important documents which have 

recently come to light in the archives of the court house at Montreal the original 

of the terms of capitulation of Fort Necessity, July 3, 1754, with Washington's 

signature; and the original of the sketch of Fort Duquesne made by Robert Stobo, 

and sent by him to Washington on July 28, 1754, together with a letter which 

accompanied the map. 



308 THE CANADIAN HISTORICAL REVIEW 

MASSICOTTE, E.-Z. Inventaire des biens de Julien Tavernier, ancetre de la Mere Gamelin 
(Bulletin des Recherches Historiques, vol. xxvii, no. 4, pp. 109-115). 

An inventory of the household goods of a Montreal merchant who died in 1756. 

. Les juges de Montreal sous le regime fran$ais, 1648-1760 (Bulletin 

des Recherches Historiques, vol. xxvii, no. 6, pp. 177-183). 

Biographical and genealogical notes. 

ROY, REGIS. Navires canadiens (Bulletin des Recherches Historiques, vol. xxvii, no. 6, 
pp. 184-186). 

Notes on the history of the ship-building industry in New France. 
SULTE, BENJAMIN. Troupes du Canada, 1670-1687 (Transactions of the Royal Society 
of Canada, 3rd series, vol. xiv, sect, i, pp. 1-21). 

A chapter in the military history of New France, devoted mainly to an account 
of the formation of "la pretendue troupe de la marine". 

SURREY, N. M. M. The Commerce of Louisiana during the French Regime, 1690-1763. 
(Columbia University Studies in History, Economics, and Public Law: Vol. 71, 
no. 1.) New York: Longmans, Green, and Co. 1916. Pp. 476; maps, diagrams, 
bibliography. ($3.50.) 

Contains chapters on the trade of the Illinois country, and on the fur-trade 
from Canada. 

(3) The History of British North America to 1867 

McLACHLAN, R. W. Some Unpublished Documents relating to Fleury Mesplet (Transac- 
tions of the Royal Society ot Canada, 3rd series, vol. xiv, sect, ii, pp. 85-95). 

A supplement to the author's paper on Fleury Mesplet, the First Printer of 
Montreal, published in the Transactions of the Royal Society of Canada for 1906. 
MASSICOTTE, E.-Z. La politique en chanson (Bulletin des Recherches Historiques, 
vol. xxvii, no. 4, pp. 126-128). 

Reproduction of a French-Canadian political ballad of 1832. 

SKELTON, ISABEL. The Name "Canada" (Canadian Magazine, August, 1921, pp. 312- 
314). 

An account of the controversy which raged in 1864-1865 over the name to be 
applied to the new federation of British North American provinces. 

(4) The Dominion of Canada 

COLQUHOUN, A. H. U. Sir John A. After Thirty Years (Canadian Magazine, June, 
1921, pp. 93-97). 

An estimate of the place of Sir John Macdonald in Canadian history, in the 
light of the thirty years that have elapsed since his death. 

DONALD, ROBERT. The Imperial Press Conference in Canada. London : Hodder and 
Stoughton. 1921. Pp. xvi, 296. (25sh.) 

A record, handsomely illustrated with photographs, of the visit made to 
Canada in the summer of 1920 by delegates representing the press in all parts of 
the British Empire. 

GLENDINNING, J. C. "Oh! Canada." Personal Impressions as a delegate to the Imperial 
Press Conference of 1 92 1. Derry: The Standard. [1921.] Pp.86. 

A visitor's impressions of Canada in the summer of 1920. 

GRANT, W. L. Canada. (Victoria League pamphlets on the British Empire.) London: 
Victoria League. 1921. Pp. 20. (6d.). 

A pamphlet written with a view to familiarizing people in other parts of the 
Empire with Canada. 



RECENT PUBLICATIONS 309 

HAMILTON, Louis. Canada. (Perthes' Kleine Volker- und Landerkunde zum Gebrauch 
im praktischen Leben: Achter Band.) Gotha: Verlag Friedrich Andreas Perthes 
A.-G. 1921. Pp. xi, 256. 
Reviewed on page 299. 

MAcMuRCHY, MARJORIE. Arthur Meighen: Canadian. (Canadian Magazine, June, 
1921, pp. 108-115). 

A character sketch of the prime minister of Canada. 

MACTAVISH, NEWTON. The Rare Product of His Generation (J. W. Flavelle) (Canadian 
Magazine, August, 1921, pp. 267-271). 

An appreciative sketch of the work of Sir Joseph Flavelle. 

MUNRO, W. B. Problems of City Government (Dalhousie Review, July, 1921, pp. 139- 
150). 

A discussion of some aspects of city government in Canada, in the light of the 
author's researches into city government in the United States. 

RUSSELL, Mr. Justice. The Career of Sir John Thompson (Dalhousie Review, July, 1921, 
pp. 188-201). 

Reminiscences of Sir John Thompson, written by a personal friend. 
TAILLON, Sir LOUIS-OLIVIER. A propos des Scales de Manitoba (Revue Canadienne, vol. 
xxvi, no. 4, pp. 286-293) . 

A defence of the attitude of the governments of Macdonald, Abbott, Thompson, 
and Bowell toward the Manitoba school question in the years 1890-1896. 
WRONG, GEORGE M. The United States and Canada: A Political Study. New York and 
Cincinnati: The Abingdon Press. [1921.] Pp. 191. 
Reviewed on page 272. 

(6) The History of the Great War 

[GREAT BRITAIN, BATTLES NOMENCLATURE COMMITTEE.] The Official Names of the 
Battles and other Engagements fought by the Military Forces of the British Empire 
during the Great War, 1914-1919; and the Third Afghan War, IQIQ. Cmd. 1138. 
London: H. M. Stationery Office. 1920. (9d.) 

The report of the Battles Nomenclature Committee, as approved by the War 
Council. 

MONTGOMERY, Major-General Sir ARCHIBALD. The Story of the Fourth Army in the 
Battles of the Hundred Days, August 8th to November nth, 1918. With a Foreword 
by General Lord RAWLINSON. London: Hodder and Stoughton. [1920.] Pp. xxiii, 
370; maps and illustrations. (63 sh.) 

Contains an authoritative account, sumptuously illustrated, of the operations 
of the Canadian Corps during August, 1918. 

III. PROVINCIAL AND LOCAL HISTORY 

(1) The Maritime Provinces 

CHISHOLM, Mr. Justice. Our First Common Law Court (Dalhousie Review, April, 1921, 

pp. 17-24). 

An account of the establishment at Annapolis Royal in Nova Scotia, in April, 

1721, of "the first court of judicature to administer the common law of England 

within what is now the Dominion of Canada". 
RICHARD, EDOUARD. Acadie: Reconstitution d'un chapitre perdu de I'histoire d'Amerique. 

Ouvrage publie d'apres le MS. original, entierement refondu, corrige, annote, mis 

au point des recherches les plus recentes, avec une Introduction et des Appendices, 



310 THE CANADIAN HISTORICAL REVIEW 

par HENRI D'ARLES. Tome troisieme. Quebec: Typ. J.-A. K.-Laflamme. 1921. 
Pp. viii, 547. 

To be reviewed later. 

(2) The Province of Quebec 

BELLERIVE, GEORGES. Breves Apologies de nos Auteurs Feminins. Quebec: Librairie 
Garneau. 1920. Pp. 139; illustrations. 

A sort of biographical dictionary of French-Canadian women writers. 
CARON, 1'abbe IVANHOE. Les censitaires du coteau Sainte-Cenevieve (Banlieue de Quebec) 
de 1636 d 1800 (Bulletin des Recherches Historiques, vol. xxvii, no. 4, pp. 97-108; 
no. 5, pp. 129-146; no. 6, 161-175). 

The local history of a suburb of the city of Quebec. 

CHARTIER, Chanoine EMILE. La race canadienne-fran^aise: Etude ethnologique et statis- 
tique (Revue Trimestrielle Canadienne, juin, 1921, pp. 113-136). 

An account of the origin, growth, and present outlook of the French-Canadian 
people. 

. Le Canada fran$ ais (Revue Canadienne, vol. xxvi, no. 4, pp. 272-285; 

no. 5, pp. 343-353). 

Papers on various phases of the history, economics, religious life, etc., of French 
Canada, originally delivered as lectures in Paris. 

D'ARLES, HENRI. Nos historiens Etude de critique litteraire. Montreal: L'Action 
Frangaise. 1921. Pp. 250. (90c.). 

To be reviewed later. 

DAVELUV, MARIE-CLAIRE. Barbe de Boullongne (L'Action Francaise, juillet, 1921, 
. pp. 425-433). 

A biographical sketch of one of the pious women who helped to found Montreal. 
MAURAULT, Abbe OLIVIER. L'Eglise Notre-Dame actuelle (Revue Trimestrielle Cana- 
dienne, mars, 1921, pp. 415-438). 

Continuation of a paper on the church of Notre-Dame in Montreal, contri- 
buted by the author to the Revue Trimestrielle Canadienne for September, 1920. 
MORIN, VICTOR. French- Canadian Literature: A Review and a Defence (Canadian 
Magazine, July, 1921, pp. 219-230). 

A paper written with the object of familiarizing English-speaking readers with 
some of the excellences of French-Canadian literature. 

(3) The Province of Ontario 

[ANON.] Records of the Lives of Ellen Free Pickton and Featherstone Lake Osier. [Oxford :] 

Printed for private circulation. 1915. Pp. 258; illustrations. 

A collection of original documents, journals, and letters, setting forth the 

history of a well-known family which came to Upper Canada in 1837. Though 

intended only for the members of the family, the volume has considerable historical 

interest. 
CARMAN, FRANCIS A. The Honourable Richard Cartwright (Canadian Magazine, July, 

1921, pp. 190-196). 

"A sketch of one of the founders of Upper Canada and the part he played in 

the politics of his day." 
KENT HISTORICAL SOCIETY. Papers and Addresses. Volume 5. Chatham, Ontario; 

published by the Society. 1921. Pp. 100. 

Contains a number of essays on the local history of the county of Kent. Miss 

M. Flewellyn writes on the history of the village of "Ouvry, Talbot Road, Raleigh "; 

Mr. T. D. Niven on "The Caledonia Settlement, Chatham Township"; Mrs. F. L. 



RECENT PUBLICATONS 311 

Arnold on the "History of Kent Bridge"; Mr. Alexander Young on "McKay's 
Corners"; Mr. O. K. Watson on "The Beginnings of Ridgetown"; Mr. Louis 
Goulet on "Some Kent Patronymics" and "St. Joseph de Kent". Mr. John W. 
Young contributes an analysis of the contents of the Chatham Tri-Weekly Planet 
for May 20, 1857. 

RIDDELL, Hon. W. R. Humours of the Times of Robert Gourlay (Transactions of the 
Royal Society of Canada, 3rd series, vol. xiv, section ii, pp. 69-83). 

Odds and ends illustrating the lighter side of Robert Gourlay's passage through 
Canadian history. 

. Robert Isaac Dey t Gray The First Solicitor-General of Upper 

Canada 1797-1804 (Canadian Law Times, June, 1921, pp. 424-432; July, 1921, 
pp. 508-518). 

A sketch of the life of the first solicitor-general of Upper Canada, supple- 
mented by copious notes. 

YOUNG, A. H. (ed.) The Parish Register of Kingston, Upper Canada, 1785-1811. With 
notes and introduction. Kingston, Ontario: The British Whig Publishing Com- 
pany, Limited. 1921. Pp. 207. ($2.00.) 
To be reviewed later. 

. The Rev. John Stuart, D.D., U.E.L., of Kingston, U.C., and his Family: 
A Genealogical Study. Kingston: Whig Press. [1921.] Pp.64. ($1.50.) 
To be reviewed later. 

(4) The Western Provinces 

Ho WAY, Judge F. W. The Attitude of Governor Seymour towards Confederation (Trans- 
actions of the Royal Society of Canada, 3rd series, vol. xiv, section ii, pp. 31-49). 
An account of the history of pre-Confederation politics in British Columbia, 
with especial reference to the part played by Governor Seymour in blocking Con- 
federation. 

JOHNSTON, LUKIN. The Case of the Oriental in B.C. (Canadian Magazine, August, 1921, 
pp. 315-318). 

A brief discussion of the problem of Oriental immigration into British 
Columbia. 

PRUD'HOMME, le juge L.-A. Monsieur Georges- Antoine Belcourt, Missionaire d, la 
Riviere Rouge (Transaction of the Royal Society of Canada, 3rd series, vol. xiv, 
sect, i, pp. 23-64). 

An account of the life of a French-Canadian Roman Catholic priest who 
served as a missionary in the west from 1831 to 1848. 

SMITH, CHARLES W. Pacific Northwest Americana: A Checklist of Books and Pamphlets 
relating to the History of the Pacific Northwest. Edition 2, Revised and Enlarged. 
New York: The H. W. Wilson Company. 1921. Pp. xii, 329. 

A new and enlarged edition of a union checklist of Pacific Northwest Americana 
first published in 1909, and representing the resources of thirteen representative 
libraries. 
UN SAUVAGE. Agression des Feniens (L'Action Francaise, juillet, 1921, pp. 435-446). 

An account of the Fenian raid of 1871 in Manitoba, extracted from a work on 
the history of the west which is to appear shortly. 

IV. GEOGRAPHY, ECONOMICS, AND STATISTICS 

BOXAR, J. The Mint and the Precious Metals in Canada (Journal of the Royal Statistical 
Society, March, 1921, pp. 216-254). 

A valuable paper, by the former deputy-master of the Ottawa' Mint, giving 
an account of the history and operations of the Mint. The paper is followed 



312 THE CANADIAN HISTORICAL REVIEW 

by appendices containing much statistical information with regard to gold mining, 
currency circulation, wholesale prices, etc. 

COOPER, Col. JOHN A. The International Trade Situation in Canada (Annals of the 
American Academy of Political and Social Science, March, 1921, pp. 7-11). 

A survey by the former Canadian government representative in New York. 
FALK, J. H. T. The Future of Social Service Work in Canada (Dalhousie Review, July, 
1921, pp. 182-187). 

A forecast by the Director of the Department of Social Service in McGill 
University. 

FERRIER, W. F. and FERRIER, D. J. Annotated Catalogue of and Guide to the Publications 
of the Geological Survey of Canada, 1845-1917. Ottawa: Geological Survey of 
Canada, Department of Mines. 1920. Pp. 544; maps. 

An analysis of the publications of the Canadian Geological Survey, containing 
not only author lists, but guiding lists (with index maps) which serve as regional 
bibliographies. An appendix gives a partial list of papers by members of the staff 
of the Geological Survey published elsewhere, but in some cases obtainable from 
the Survey. 

HOOPER, W. E. A Billion-and-a-half-dollar Experiment in Government Ownership 
(Scribner's Magazine, April, 1921, pp. 428-432). 

An account of the Canadian national railways. 

LORRAIN, LEON. Le Commerce canadien-fran$ais (L'Action Frangaise, juillet, 1921, 
pp. 386-396). 

A discussion of the present position and future prospects of French-Canadian 
trade, from the Nationalist point of view. 
PELLETIER, GEORGES. Notre Industrie (L'Action Francaise, juin, 1921, pp. 322-356). 

A study of French-Canadian industrial development. 

Ross, VICTOR. A History of the Canadian Bank of Commerce, with an account of the 
other banks which now form part of its organization. Volume I. Toronto: Oxford 
University Press. 1920. Pp. xviii, 516. 

Reviewed on page 290. 

WHITE, Right Hon. Sir THOMAS. The Story of Canada's War Finance. Montreal: The 
Canadian Bank of Commerce. 1921. Pp. 70. (Gratis.) 
Reviewed on page 297. 

V. EDUCATIONAL AND RELIGIOUS HISTORY 

DALY, Rev. GEORGE THOMAS. Catholic Problems in Western Canada. With preface by 
the Most Reverend O. E. MATHIEU, Archbishop of Regina. Toronto: The Mac- 
millan Company. [1921.] Pp. 352. 

A discussion of the problems, religious, educational, and social, confronting 
the Roman Catholic Church in the Canadian West. 

LAPALICE, O. Le pain benit a Notre-Dame de Montreal (Bulletin des Recherches His- 
toriques, vol. xxvii, no. 5, pp. 153-160). 

The history of a now obsolete religious ceremony, once practised in the church 
of Notre Dame at Montreal. 

SISSONS, C. B. French in the Schools of Ontario Sixty Years After (Queen's Quarterly, 
vol. xxviii, no. 3, pp. 254-263). 

A comparison of the attitude of the educational authorities in Ontario toward 
the problem of the French language in the schools in 1851 and in 1914. 
TAMBLYN, W. F. A University in the Making (Canadian Magazine, vol. Ivi, no. 5). 

An account of the origin and development of Western University at London, 
Ontario. 



Canadian 
Eeimto 



VOL. II. TORONTO, DECEMBER, 1921 No. 4 

NOTES AND COMMENTS 



IT is necessary to say once more that the CANADIAN HISTORICAL 
REVIEW has no editorial opinions, no political prepossessions. 
Both in articles and reviews, it gives to writers the widest latitude 
with regard to expression of their views, provided these views 
are within the law, and are supported by reasoned argument. 
The Board of Editors are, indeed, anxious to have Canadian 
history and public affairs interpreted in these pages from as many 
different points of view as possible. With regard to reviews of 
books, all the management of the REVIEW can undertake to guar- 
antee is that books are placed in the hands of competent reviewers, 
who may be relied upon to review them in good faith and without 
prejudice. If any author considers himself aggrieved by a book- 
review in these pages, he will find the management of the REVIEW 
only too glad to afford him reasonable space to correct the state- 
ments complained of, either in a communication from himself, 
or from some other authoritative person. 



We welcome to Canada Mr. Basil Williams, who has come 
from England to succeed Professor C. W. Colby in the department 
of history at McGill University. Mr. Williams represents that 
combination of scholar and man of affairs which is the fine product 
of the Oxford tradition. His historical work shows that he has 
long been interested in the outer Empire. He is the author of 
the authoritative Life of Lord Chatham, and of the best Life of 
Cecil Rhodes. The former grew out of early studies in the foreign 

313 



314 THE CANADIAN HISTORICAL REVIEW 

policy of Walpole, published in the English Historical Review, 
the latter out of an acquaintance with the Southern Cross which 
began when he abandoned a safe career in England to serve in 
the South African War, and which was continued as part-editor of 
The Times History of the War in South Africa. In politics he is 
Liberal Imperialist, and twice contested Rugby in the Liberal 
interest; the same spirit led him in 1911 to edit a very interesting 
volume of Home Rule Problems. Since then he has edited a 
notable series of "Makers of the Nineteenth Century," of which 
his own Cecil Rhodes and Lord Charn wood's Abraham Lincoln 
are perhaps the chief. He is also a practical lecturer, having 
held in 1920 the position of Ford Lecturer at Oxford University. 
During the Great War he served in the Artillery, and afterwards 
in the Intelligence Branch. In partnership with Professor Fryer, 
Professor Basil Williams may be trusted to give to his students 
a sane and wide outlook upon Canadian and Imperial problems, 
and to inspire them by his high enthusiasm for accurate scholarship. 



Mr. Thomas Seccombe, who has come to Queen's University 
to take the chair of English Literature, has also a close connection 
with the study of history, having been from 1891 to 1901 associated 
with Sir Sidney Lee as assistant editor of The Dictionary of National 
Biography. While his writings deal chiefly with English literature, 
he has also written a study of Parkman and Prescott, and he has 
always dealt with literature not merely as belles-lettres, but as an 
expression of the national life. 



Most of the contributors to this number are well known to 
readers of the REVIEW. Professor George M. Wrong, who 
writes on Democracy in Canada, is head of the department 
of Modern History in the University of Toronto; and Mr. R. 
Hodder Williams, who contributes Some Reflections on Anonymous 
Iconoclasm, is an Associate Professor in the same department. 
Mr. Walter M. Sage, the author of the paper on The Gold Colony 
of British Columbia, is a member of the staff in History in the 
University of British Columbia. Captain C. E. Lart, who edits 
an interesting document with regard to the battle of Ticonderoga, 
is a resident of Cornwall, England, who has been working in the 
Public Record Office in London; and Colonel William Wood, the 
editor of the Quebec petition to Queen Victoria in 1857, is a well- 
known Canadian historian who lives in Quebec. 



DEMOCRACY IN CANADA 



TO-DAY there is probably more doubt in men's minds as to the 
best type of political institutions than there has been at 
any previous epoch of the modern world. Those who, during the 
American Revolution, demanded "Liberty or Death" had no 
doubt as to the blessings of the liberty which meant democracy. 
The leaders of revolution in France were certain that the path to 
human happiness was to be found in the liberty, equality, and 
fraternity which should follow the destruction of the Bourbon 
despotism. Later, in England, the people who secured the ex- 
tension of the right to vote by the first Reform Bill believed that 
the nation's happiness hung on the issue. There was equal cer- 
tainty on the opposing side; the Duke of Wellington could not 
conceive of a better system than that overthrown by the Reform 
Bill. In Canada, between 1840 and 1849, we find reformers 
describing with almost frantic earnestness the happiness certain 
to issue from self-government. But now this certainty is gone. 
Popular rights have grown; the people rule; no longer the rich 
but the poor control the state. The Whig party has disappeared 
because its tasks have been achieved and now its successor in 
England and in Canada, the Liberal party, is receiving its most 
staggering blows, not from Tories who desire no change, but from 
disillusioned believers in democracy who no longer hold the earlier 
Liberal dogmas. These, it is urged, have not touched the vital 
thing, the economic reorganization of society. The only person 
sure of himself is the man who wishes to leave things as they are, 
and he dreams of an impossibility. 

The long-coveted democracy has thus brought new doubts. 
Many things in public affairs have deteriorated. The quality of 
most of the leaders in public life is probably not as high as it was 
fifty years ago. Parliament has more power, but political life has less 
dignity, if we may judge from some of the scenes in parliament. 
The editorial page of the daily newspaper is not as good as it 

315 



316 THE CANADIAN HISTORICAL REVIEW 

was, because the editor has now to reach not only the educated 
but the uneducated, and adjusts his tone to their needs. The 
cities in Canada from the Atlantic to the Pacific, which, with their 
intelligence and movement, ought to be guiding stars in politics, 
send to parliament some of the poorest type of members to be 
found there, and in their domestic affairs often reward with the 
highest honours not men of distinction but the political intriguer 
and the demagogue. This is how democracy has worked, and there 
is no going back, for power can return from the many to the few 
only if the many consent, and this they will never do. Thus it has 
come about that thoughtful men are puzzled and fearful. They 
have entered a forest, and they know as yet no way out. 

It is at such a time that the opinions of a veteran observer, 
who still retains faith and hope in political society, are best fitted 
to produce a steadying effect. Lord Bryce 1 has been for more than 
sixty years an alert student of politics. His classic work, The 
Holy Roman Empire, was written when he was barely out of his 
'teens. He refers to events in the sixties as if they were the happen- 
ings of yesterday. Ancient Rome is as real to him as modern 
Washington. He has been a professor at Oxford, and a cabinet 
minister in England. He is the author of the most widely-read 
book interpreting the politics of the United States, and was the 
British ambassador to that country. He has travelled in every 
continent and studied on the spot every type of human society. 
No other living man has observed more closely, or written with 
greater industry, or greater freedom from prepossession or abstract 
dogma, than this amazing veteran. And he closes his book by 
saying that hope is "one of the cardinal virtues", and that "De- 
mocracy will never perish till after Hope has expired". 

In this utterance, it is true, there is no dogmatic faith that 
democracy will not perish but hope must perish first. If de- 
mocracy fails it must pave the way to something better than 
itself, or mankind must cease to be inspired by the faith that life 
is not a vain battling to end in the dismal swamp of failure. Lord 
Bryce has chosen six democracies by which to illustrate his 
study: they are France, Switzerland, the United States, Australia, 
New Zealand, and, not least perhaps, Canada. Four of them, 
it will be observed, are English-speaking, and naturally so, for 
these are the most advanced democracies. It is well to study 

1 Modern Democracies. By Viscount Bryce. Two Volumes. Toronto: The Mac- 
millan Company of Canada. 1921. Pp. xv, 508; vi, 676. 



DEMOCRACY IN CANADA 317 

with these French democracy, the child of the revolution which 
shook the world. France remains a vast unitary state under a 
single legislature. Switzerland, on the other hand, is a loose 
federation, and for it Lord Bryce reserves his highest praise. He 
has not ventured to study British democracy in its home. In 
thus refraining he has seemed to give us Hamlet without the Prince 
of Denmark. Few are better fitted than he to analyse the de- 
mocracy of Britain, for has he not shared in its government? 
For forty years, as he says, he has been a member of legislatures 
and cabinets in England; but this, he thinks, makes unbiassed 
observation impossible. We must respect his reasons, even 
though we think that his detachment would have been adequate. 

Lord Bryce keeps his eye on democracy as it is, not as it 
might be, and defines it simply as the rule of the majority. If 
in a democratic state the majority is ignorant and corrupt, then 
democracy is ignorant and corrupt. We clear the ground at 
once of mystical conceptions of the sacred rule of the people. 
Plato thought that in Heaven might be found the idea of the 
perfect state. If so, its copy is not to be found on earth. The 
rule of the people is just the rule of the majority of men, and 
now of women too, in the state. It has never been proved that 
there is any peculiar virtue in majorities. Probably the minority 
is as often right as is the majority. Certainly the minority is 
right when it presses for some needed reforms for which it must 
win the reluctant consent of the majority. Orators may flatter 
a crowd by protesting that the people always think on a high 
plane. But the term "the People" has in each environment its 
own special significance. "The People", to the white orator in 
the Southern States, means the whites, to the exclusion of the 
blacks, who may be a majority. "The People," to the German 
demagogue in Silesia, would probably have meant the Teutonic 
and not the Slavic race. 

Thus when we discuss democracy, we mean only the rule of 
the majority. Why has it come into being, and how has it worked ? 
In confronting the first of these questions Lord Bryce places 
severe restraints upon himself. He is discussing not the origins 
but the working of democracy. He makes no attempt to analyse 
those impulses in man's being which make to him the liberty 
to take the wrong path more precious than the reward of taking 
the right path under constraint. There is no discussion of sove- 
reignty or the social contract. Lord Bryce doubts, indeed, 
whether the desire for self-government is very strong in mankind. 



318 THE CANADIAN HISTORICAL REVIEW 

What they desire is good government, and if they can get it 
without effort on their own part they are content to take no 
share either in setting up or in administering free institutions. 
The average man is rather like the indolent member of a club 
who wishes to be comfortable and is willing to leave everything 
to the committee, if only the machine is made to work smoothly. 
If he is denied what he considers his due, sooner or later he will 
make trouble. This is not to assert his desire to assume responsi- 
bility, but only his resolve to get rid of a nuisance. Men have 
fought tyrants not so much to assert their own right to rule but 
to get rid of cruelty and greed. Lord Bryce asserts that in England 
the people have not greatly desired political power. The Reform 
Bill of 1832 did indeed express a popular demand, but it was 
satisfied by a very moderate extension of the right to vote. Later 
extensions of the franchise to the masses have been made by the 
upper and middle classes. It is not clear that the mass of the 
women in England desired the vote when it came to them. It 
was the activities of a few educated women which brought it to 
women as a whole. 

Now when democracy has come and we dismiss any mystical 
belief in it as a final form of government, we are free to confront 
in the spirit of reason its merits and its defects. In a good de- 
mocracy, says Lord Bryce, the majority will show a high sense 
of duty, and the individual, since he is only one of many, will seek 
the welfare of the many and not that of himself alone. He will 
ask for no special privileges. Public questions are intricate and 
he must confront the labour of study to understand them. He 
will follow reason and not passion. He will be honest himself 
and demand honesty in others. If he seeks office it will be that 
he may render public service. Working with his fellow-citizens, 
he will not only recognise liberty and equality but will expand in 
the sympathy and kindliness which the French called fraternity 
and Mazzini termed humanity. 

We should deceive ourselves if we should hold that as yet any 
democracy has produced all these qualities. Democracy is due 
to a variety of causes. In America it grew up because equality 
of social conditions involved equality in political privilege. 
Democracy was fostered in Europe, in some countries, at least, 
by religious beliefs which, making men equal in the sight of God, 
tended to make them equal in the sight of each other. But 
the most potent cause of democracy has been the unwisdom, 
the scornful spirit, and the crude selfishness of ruling castes 



DEMOCRACY IN CANADA 319 

whether regal, noble, or rich, which have stirred resentment and 
made the many insist on asserting rights inalienable, as they 
thought, from manhood. To take power from others does not, 
however, involve the capacity of the victor himself to exercise it. 
We may dismiss an unworthy physician and still know not how 
to heal ourselves. Democratic theory has gone wrong in assuming 
that the right to vote brings with it either the will or the capacity 
to use it well. The mistake was natural. To overthrow a tyrant 
has involved perils and efforts which have strained the fullest 
capacity of revolutionaries. Little wonder that they should 
assume that, with the despot gone, all would be well and should 
forget that in themselves were the .same strains of selfishness 
which had made the despot and that, the old tyranny vanquished, 
they must confront the menace of a new one. 

If they faced the future without misgiving they were, by so 
much, off their guard. " No government, " says Lord Bryce, 
"demands so much from the citizen as Democracy", and he 
adds for our comfort that "none give so much back". The 
citizen has not, as yet, met well the demands upon him. When 
self-interest surged through other channels than those of des- 
potism, the citizen was ill equipped to meet the new form of 
menace. To work a sound system men must be alert, unselfish, 
energetic, and industrious in public affairs, and the average 
man was none of these. Natural indolence is perhaps the greatest 
enemy of well-being. It is mastered by the love of power, by 
ambition to be great, by pride of position, by the promise of 
wealth and ease, by public spirit. Only the last of these would 
make man do his full duty in politics, and it has not yet become 
the endowment of the many. The average man is quite a decent 
citizen. That he takes pride in his country is readily seen by 
his resentment at contemptuous criticism. He believes in what 
is called in America his "home town", and is eager and enthusi- 
astic in celebrating its glories. He would like to do his duty. 
But he has his own affairs to think about. He has little training 
for the task of judging the problems of politics, and he is apt to 
adopt the indolent belief that others can look after public matters 
better than he and to become passive. Al the time, especially 
in a new country, politics offer the reward of publicity and power 
to the self-seeker, and of gain to the corrupt. These have the 
eternal stimulus of self-interest, and they make democracy their 
tool. Hence the demagogue, the boss, and the profiteer. 



320 

To meet these dangers the best capacity in the state is neces- 
sary, and it is too often not available. It is a rough task to gain 
and hold the suffrages of the many, a task uncongenial to the 
refined and the comfortable. In Canada at least many of these 
are either too much occupied with necessary business, or too 
lacking in public spirit to take part in politics. Inferior men 
take what should be their place. New agencies appear for creat- 
ing or controlling public opinion and, most potent of them all, 
the newspaper press. "It is," says Lord Bryce, "the newspaper 
press which has made democracy possible in large countries." 
Daily the newspaper addresses its thousands. Its opinions 
reach nearly every home. Their anonymity produces the effect 
of an authority impersonal and mysterious. The individual 
leader can be in only one place at one time, and has the limitations 
of his personality. The newspaper speaks everywhere and always. 
Great is the power of iteration. The daily repetition of opinions 
becomes impressive. The indolent readily adopt opinions ready- 
made, and the newspaper tends to become the chief working 
force of democracy. 

A newspaper, as Lord Bryce points out, has two aspects. The 
first is that it disseminates news and opinions. No one need 
accept its opinions, and it assumes no responsibility for advo- 
cating what it declares ought to be done, It is only a voice. Its 
other aspect is that it must be made to pay. In Canada it has 
become the chief means of advertising business. To do this 
effectively it must go to the many. The more readers it reaches 
the more it is paid for reaching them. It must appeal to the 
average man. It must meet enterprising rivalry. If its opinions 
are unpopular, its readers will tend to decline in number. Yet 
a democracy learns by a break with what is, and by turning to 
the less popular course of what should be. The newspaper may 
have to encounter the dilemma of the timid bather; if he tries to 
learn to swim he may drown in the effort, while if he does not 
learn to swim he may in some crisis drown for lack of this know- 
ledge. How is the newspaper to rebuke popular error and ad- 
vance truth, and at the same time to remain popular for business 
reasons? The tendency is undoubtedly to retain popularity at 
the expense of boldness of opinion. Few newspapers are pre- 
pared to sacrifice financial success to the sternness of truth, and 
yet the newspapers are the chief educators of democracy. 

Democracy, in spite of inherent difficulties in its working, 
has undoubtedly achieved some great results. "Let cynics say 



DEMOCRACY IN CANADA 321 

what they will," says Lord Bryce, "Man is not an irrational 
animal. Truth usually wins in the long run." If democracy 
yields sometimes to bellicose racial and religious passions, it 
shrinks from the penalty of war, and it did not cause the great 
world conflict. Democracies have proved more honest than 
oligarchies. In these the few have enriched themselves and 
impoverished the many witness the reign of Louis XIV in 
France. Under democracy, in spite of corruption, moral standards 
have improved. For proof of this we need only compare Wai pole 
with even a shifty modern prime minister. Democracies have 
shown greater political wisdom than oligarchies. Can any one 
doubt that if, thirty or forty years ago, England had had a real 
democracy, unchecked by oligarchic class influence, the Irish 
question would have been settled? Lord Acton once said that a 
roomful of great leaders, of Luthers, Cromwells, Richelieus, 
Napoleons, Pitts, Peels, Gladstones and Disraelis, would really 
make up a encyclopaedia of political error. These leaders would 
differ and wrangle, while the many, knowing where the shoes 
pinch because they are wearing them, would make straight to 
the cause of trouble. Democracies too are not ungrateful to their 
leaders. A Henry VIII at one stroke dismisses and ruins a Wolsey; 
an ill-balanced German monarch flouts a veteran Bismarck. But 
the people do not change their devotion so quickly and will 
reverence and follow leaders whose day is really past. The 
people like a man of courage, who takes risks, and they will 
follow him. Many a politician has failed because he kept his 
ear to the ground instead of carrying his head high in the air and 
appealing to the devotion of the crowd. 

Canada is probably the third in Lord Bryce's esteem of the 
six democracies. Political defects are no doubt more glaring in 
the United States than they are in Canada but remedial measures 
are also more active and effective. Canada has little to put side 
by side with the alert and scientific study of public affairs so 
general in the United States and one of the finest products of its 
universities. Like the United States Canada is a vast country 
with every right to face the future in confidence. The climate is 
stimulating, if in places severe, and promotes health. Nature, 
says Lord Bryce, has endowed Canada with coal in quantity 
only second to that of the United States. He does not lay stress 
on the fact that the great central and most populous regions of 
Canada, Ontario and Quebec, are without coal. Ontario at 



322 THE CANADIAN HISTORICAL REVIEW 

least is tributary to the United States for fuel. Social conditions 
in Canada are favourable. Agriculture is the chief industry. 
Most of the farmers own their own farms; there is no landlord 
class. There are not many great capitalists, while there is a large 
number of well-to-do people able to cultivate the amenities of 
life. Labour questions are not dangerous. In Canada there is 
one great and menacing problem the antagonism in race and 
religion between the French and the English. No other English- 
speaking country is haunted by a similar problem. One might 
add, however, that, grave as it is, it does not approach in serious- 
ness the problem of the negro in the United States. 

Lord Bryce's account of democracy in Canada is not, on the 
whole, very cheering. There are good features. Public order is 
well preserved. The judiciary is incorruptible. There is an 
honest, if not a very expert, civil service. Education is widely 
diffused and, among those of British origin who are native to 
Canada, there are practically no illiterates. The demagogue has 
been less in evidence in Canada than in any other of the six 
democracies except Switzerland. Party is less rigid than it is in 
the United States. Here, indeed, Lord Bryce might have stated 
the case more strongly than he does. Literally, party has broken 
down in Canada. Dozens of newspapers which, a few years ago, 
would have sung the party tune without reserve, are now neutral 
and non-committal. Municipal government has been on the 
whole free from corruption. Recently Montreal has had its 
scandals, but in the other large cities there has rarely been any- 
thing more corrupt than lobbying for jobs and contracts. In the 
smaller towns, of the east at any rate, the defect has been an 
undue parsimony which has shrunk from needed expenditure 
on education, on roads, and on sanitation. The legislatures in 
Canada are still respected, and there has been no such freak 
legislation as that in some American states which goes so far as 
to name the minimum length of the sheets on the beds in hotels. 

If the good features of democracy in Canada do not unite 
to make a brilliant picture, its bad features are sufficiently alarm- 
ing. There has been gross bribery in elections. Legislatures, if 
not municipalities, have been corrupted by money; charges have 
been proved against even cabinet ministers, and it is still true 
that financial interests have undue weight in governmental 
policy. The level of honour among politicians in Canada is 
lower than it is among those of Australia or New Zealand. There 
has been jobbery, waste, and extravagance in spending public 



DEMOCRACY IN CANADA 323 

money. Public opinion is slack and not easily aroused. Above 
all, the best elements in the country have tended to hold aloof 
from politics, and there is a lack of dignity in public life. 

This is Lord Bryce's indictment of Canadian democracy. It 
must be said that, in respect to Canada, his insight is less pene- 
trating than it is in regard to either the United States or Switzer- 
land. The reason is probably that he has made only a few tran- 
sient visits to Canada, while he has dwelt long in the United 
States, and has been frequently in Switzerland. He overestimates 
the number of the French in Canada. They are not the two and 
a half millions which would make them about one-third of the 
population. There are fewer than two millions (a million more are 
in the United States) and probably they are less than 'one-quarter 
of the population. This result is, indeed, striking enough, when 
we remember that the three million French in North America 
are descended from not more than ten thousand immigrants 
from France. It is not quite the case that "of those in Quebec 
extremely few speak English". The French in Quebec speak 
English in a proportion greater than that of the English who 
speak French. Lord Bryce says correctly that the two races 
live apart, but it is doubtful whether "this separation is mainly 
due to religion". The English-speaking Roman Catholics in 
Montreal also live apart from the French. The reason is probably 
some subtle influence of tradition and training which makes 
people, differing in language and history, draw away from each 
other. 

The chief defect of Canada is its lack of political education. 
There is not in the country a large class of persons qualified to 
form and to guide opinion. The urgent problems have been 
those of national development, involving the free expenditure 
of money. When governments are spending great sums, the 
need of eternal vigilance is urgent. Canada inherited its political 
parties from England. The Toryism of England was based upon 
realities in society. That of Canada, which in the early days 
opposed the securing of self-government, was merely terrified 
reaction. In an old society the steadying force of traditions made 
the fabric of society really immune to attack from either party. 
Grote the historian said that he had come not to care greatly 
which party won in an election, for each would be bound by the 
realities of life. In Canada, however, the fundamentals of political 
life were at issue. Tories charged their opponents with the 
resolve to break with their British allegiance, and to create either 



324 

a republic or to join the United States. In the absence of great 
issues, these appeals to passion were the staples in elections. 
No wonder that politics ceased to attract the finer minds. The 
tone of public life became worse instead of better. 

In the five other democracies examined we find great variety. 
Despotism and oligarchies have usually worked on similar lines 
with a central authority controlled by one strong person or by 
a small ruling clique. Each of Lord Bryce's six states is unlike 
the others. It is for Switzerland that he reserves his highest 
praise. Of its four million people half a million own land and 
are under this steadying influence of property. The Swiss people 
are composed of three races, and in the federal diet three languages 
French, German and Italian have official standing. Fortu- 
nately racial and religious divisions do not coincide; the French, 
for instance, are partly Protestant, partly Roman Catholic, so 
that racial unity is not protected by the barrier of language and 
religion. In the smaller cantons of Switzerland it is still possible 
to gather all the voters at one place in the open air in order to 
make laws, "the oldest, simplest and purest form of democracy 
which the world knows" (I, 337). Judges are elected and also 
even school teachers. There is direct legislation by the people, and 
the referendum is in constant use. The President, chosen only 
for a year at a time, has no authority greater than that of his 
six colleagues on the governing body of the Federal Council. 
Party, which, as Lord Bryce says, has been "worked to death" 
in England and Canada, barely exists. In a state so small the 
people can judge issues for themselves and do not need party 
guidance. Intimidation of voters, corruption by money, and 
fraud in elections, are not known. No titles or decorations are 
given by the state. If politics are humdrum and the salaries 
for office holders small, none the less do men of intelligence take 
part in politics. In Switzerland democracy secures pure and good 
government. 

France presents many contrasts. Four million people in 
Switzerland have the function of government so subdivided that 
each little community is really self-governing. Nearly forty 
million people in France are under a single political authority, 
which appoints to even the pettiest offices in every part of the 
country. France has a stupendous centralized bureaucracy. 
It has parliamentary government without what has lain at the 
basis of parliamentary government in England, only two great 



DEMOCRACY IN CANADA 325 

parties with recognized leadership in each of them. France has 
a dozen parties and no recognized leaders. New combinations 
of groups are always possible with a resultant change of ministry. 

Mediocrity is the characteristic of the French politician. For 
the most part men of distinguished family and leaders in the great 
world of business are not active in politics. There is intense 
cleavage in respect to religion, and a press both very good and 
very bad, its bad elements, owing to a loose law of libel, going to 
extremes hardly found in any other country. The French deputy 
is likely to be a lawyer, or a doctor, or even a school teacher. 
He is busily active among his constituents and they will expect 
him when in Paris to select a domestic servant or to buy an 
umbrella. Petty commissions of this kind, the securing of small 
offices for supporters, occupy much of his time. His heart is in 
local politics and .in personal issues. He is alert, keen, and re- 
sourceful. But the range of his interests is limited. There is so 
much to be done by a deputy with a government that controls 
all expenditure everywhere and maintains power by patronage! 
Personal questions are the most vivid in the French chamber and 
behind these lies a rather drab and sometimes corrupt democracy. 
If France once had a Richelieu and a Mazarin to rule her, she 
now has in their place the local lawyer or doctor with the school- 
master as his chief ally. There are no great national parties. 
No one party has even candidates for election in anything ap- 
proaching all the constituencies of France. 

In the English-speaking world we find still further variety 
in working democracy. New Zealand has a delightful climate; 
its people are homogenous; there are no racial or religious cries; 
and there is very little crime. As a unitary state, it is different 
from federal Australia. In both, the Asiatic is excluded a call 
to Australia to fill her vacant spaces, if she wishes to continue 
this policy. In both socialistic ideas of government have gone 
far, yet in both, in contrast with the United States and Canada, 
we find the great landowner. In New Zealand, with a million 
people, one hundred and fifty thousand are said to live from 
salaries paid by the government. This carries on even life in- 
surance and a great loan business, sometimes lending money at 
five per cent, when the bank rate is eight or more. While there 
has been honesty in details of expenditure of money, needed 
public works have been neglected and needless ones carried out 
for party reasons. The result is now a heavy burden of debt. 
The small field, the absence of political education of the people, 



326 THE CANADIAN HISTORICAL REVIEW 

give, as Lord Bryce shows, the touch of commonplace to New 
Zealand politics. No very cheering message comes from a de- 
mocracy which had a clear field in a new land. "Corruption is 
rare, but the standard both of tone and manners and of intel- 
lectual attainment is not worthy of communities where every- 
body is well off and well educated, and where grave problems of 
legislation call for constructive ability" (II, 338). 

The same is true of Australia. There is little corruption; it 
has remained for Canada and the United States to be the most 
corrupt of the six democracies. Public order is well preserved. 
Ministries have been unstable, in sharp contrast with federal 
Canada, where ministries tend to endure too long; in ten years 
federal Australia had seven cabinets, while in forty-one years 
South Australia had forty. Mr. Hughes, the present prime 
minister of Australia, has said that life in Australia is itself a 
gamble. Wool is one of the great products and, in the not in- 
frequent dry seasons, so large a proportion of the sheep die that 
only owners with large resources can go on. One result is the 
large estates in Australia. Each of the three English-speaking 
federations, the United States, Canada, and Australia, shows 
the characteristics of the period of its creation. The United 
States is the most conservative, until recently accepting changes 
in the constitution only reluctantly. Canada is in form less 
democratic, with its appointed Senate and the apparent strength 
of executive authority. Federal Australia, the child of the 
twentieth century, has more fluid politics. The term of the House 
of Representatives is three years. The Senate is elected by 
popular vote and is more radical than the other house. To be 
well-off is to be suspect and this intense class antagonism excludes 
from politics men of wealth and even the lawyer class. Labour 
has the upper hand. But a Labour ministry has to accept exact 
direction from the caucus of the Labour party. There is no 
foreign element such as has in the United States corrupted muni- 
cipal politics. Until recently racial and religious cries have been 
little heard of. Now the Irish question troubles politics. With 
control by labour and with the government as a great employer, 
wages are high and efficiency is mediocre. Lord Bryce obviously 
thinks that Australia is gambling with its resources and in danger 
of financial disaster. But his counsel is, "Never despond; un- 
expected good arrives as well as expected evil. . . . The more 
highly educated class in particular may arouse themselves to 
take a livelier interest in public affairs and so send more of their 



DEMOCRACY IN CANADA 327 

best men into a political career" (II, 260, 263). This is always 
Lord Bryce's solvent. 

The greatest democracy, that of the United States, has for 
Canada absorbing interest. It is Canada's only neighbour. 
Canada is, indeed, the only considerable country in the world 
with but one neighbour. The United States has only two, Mexico 
and Canada, presenting sufficiently vivid contrasts. It is pro- 
bably a misfortune for Canada that she is subject to but one 
type of adjacent influence, that of a nation much more populous 
and powerful than herself. Had she neighbours east, west, and 
north, the variety of influences would be more stimulating, if 
there was not the barrier of language. She would be, too, less 
dependent on the policy of one neighbour. In some respects 
Canada and the United States know very little of each other. 
Lord Bryce is the first writer to bring together in one book ade- 
quate studies of the working of the two systems. In each English 
is the prevailing language, and people of British origin take the 
lead in politics. Both countries are deeply rooted in British 
traditions. It is amusingly true that, however much the United 
States may protest its distinct type of national life, its literary 
and social traditions are intimately linked with those of England. 
Shakespeare and Milton mean more to the literature of to-day 
in the United States than does the work of any American author. 
None the less is it true that the Americans persist in regarding 
themselves as a new people whose birth dates from 1776. And 
in some respects they are. 

While many people in Canada read American newspapers and 
are familiar with the names of persons prominent in American 
public life, it is still true that the people of eastern Canada, at 
least, regard the United States with an interest languid com- 
pared with that which they take in England. The great books 
which they read on literature, history, and politics are English, 
not American. In Canada there is little serious study of American 
institutions, while in the United States there is practically none 
of those in Canada. The people of Canada, familiar with the 
working of a system in which parliament has plenary authority, 
can hardly understand one in which the elected legislatures fill 
almost a secondary place. Except in municipal affairs, no one 
is elected in Canada to hold a specific office or to hold office for a 
specific period fixed by law. At any time a legislature may be 
dissolved or a prime minister may be replaced, without an elec- 
tion, by a bitter rival, if this rival can only command the support 



328 THE CANADIAN HISTORICAL REVIEW 

of parliament. Canadians find difficult of comprehension a 
system under which one can know for years ahead the exact 
date at which elections will take place. Canadians find it also 
hard to understand a government which has no real cabinet, 
though the name is used in the United States. Few Canadians 
realize that there is not even a nominal cabinet in such a state 
as New York and that the American plan is not to have a collec- 
tive unity in government, but to divide power, and, in the states, 
at least, to elect officials to do one and only one thing, whether 
it is to be a secretary, or a treasurer, or a maker of roads. Cana- 
dians only dimly understand how a county can be governed 
with no semblance of a county council by officials each of them 
quite independent of other elected officials. The election of 
judges; a city council with two chambers: to be asked to vote 
at an election for or against no less than thirty important issues 
and in addition several scores of candidates: such things seem 
to the average dweller in Canada freak politics. 

Canada has developed under maxims of British politics to 
which no heed is paid in the United States. To people steeped 
in British traditions too much is left to chance when an elected 
ruler of the state is given full executive authority for four long 
years; the consequences seem too serious should the test of 
power show him not to be the right man. A prime minister 
certain to hold office for four years, no matter what might happen, 
is hardly thinkable in Canada. It has long been held in British 
constitutional usage that the second chamber must give way to 
the popular house if the people's will has been clearly indicated 
on the matter at issue, and that only the popular house can 
initiate votes of money. But in the United States the second 
chamber, the Senate, has greater authority than the House of 
Representatives; it can even propose votes of money. Americans, 
for their part, would find it hard to understand the Canadian 
system in which members of the Senate are appointed by the 
leader who has a majority in the House of Commons, and in 
which also the federal government has the power to disallow 
acts passed by the local legislatures. In the United States there 
is, for a variety of reasons, a distrust of legislatures, and many 
state legislatures are forbidden to legislate on a multitude of 
things. Capitalists sleep the easier because of such prohibitions. 
In Canada these nowhere exist. 

Lord Bryce's summing up of the results of democracy in the 
United States, while hopeful, is certainly not flattering. The 



DEMOCRACY IN CANADA 329 

system has fostered the accumulation of great wealth by a few; 
there are more men of enormous wealth in the United States 
than in all Europe. The state legislatures and, in a lesser degree, 
Congress, do not enjoy public confidence, and the system does 
not produce great men as leaders. The civil service is not equal 
to the needs of a great nation. In some states the judiciary does 
not command respect. Criminal justice is tortuous in its methods, 
and men clearly guilty escape punishment. State laws are at 
times so badly enforced that personal and property rights are 
not secure. The tone of public life is not high, and parties are 
ruled by selfish oligarchies. Organized wealth has too much 
influence in securing favours from the state, while, by way of 
reprisal, corrupt legislators levy blackmail from corporations by 
threats of injurious legislation. Lord Bryce explains elaborately 
how all these evils have come about. They are curable. The 
United States has a greater proportion of men educated at univer- 
sities than any other country in the world, ten times as many as 
continental Europe, perhaps three times as many as Great Britain. 
There is a constant acute analysis of public issues, and this is 
having a remedial effect. Not only in the federal government, 
but in ten of the states, there are good civil service laws. A 
pathway through the forest is becoming clear. 

In the United States the political pot is always boiling. The 
belief is that the oftener elected officials have to go back to the 
people for a renewal of their mandate the greater is the public 
security. When it was suggested that the cure for ineffective or 
corrupt judges was to pay a higher salary and to elect for a longer 
period, Lord Bryce heard the answer that the real cure would be 
a lower salary and a shorter term so as to keep the judges in 
touch with the people and to prevent any class consciousness. 
Here is that belief in a mystical sanctity in the people which 
gives them eternal wisdom. To enable the people to register 
the decisions so constantly demanded from them, a vast machinery 
is needed. Lord Bryce estimates that the men working the party 
system in the United States are more numerous than all the elected 
officials of the country and more numerous than those working 
the political machinery of the rest of the world. In this vast 
organization the workers are for the most part looking after their 
own interests. Naturally they desire to keep up the divisions of 
party, and the two-party system is probably more strongly 
entrenched in the United States than in any other country in 
the world. 



330 THE CANADIAN HISTORICAL REVIEW 

It is easy to deride this eternal activity of the party machine. 
It is so bewildering that some electors give up effort at discrimina- 
tion and vote blindly or do not vote at all. What is a voter to do 
when confronted by a ballot with scores of names, no one of which 
is familiar to him? Goldwin Smith used to say that, in the 
municipal elections in Toronto, when he had a choice among 
half a score of names, he used to take counsel from his butler 
and vote as he advised. The butler with his vision limited to 
local issues would know something about the candidates. The 
situation was not really so ridiculous as Goldwin Smith thought. 
The butler no doubt was reading closely his daily evening paper. 
He at least knew his men and, from the point of view of an in- 
evitable democracy, it was a good thing that he should be so 
well informed. If elections are incessant, attention to public 
questions must also be incessant. In this there is political educa- 
tion, and Lord Bryce is of the opinion that the habit of frequent 
voting stimulates thought. The whole people become seriously 
interested in public affairs, and public opinion becomes the real 
ruler. In spite of the rigours of party, in respect to elections, the 
press of the United States is probably more ready to discuss 
public questions on their merits than is that of either Canada 
or Great Britain. One can read a great newspaper in the United 
States for weeks without learning to which side in politics it 
adheres. In Congress members break away from party more 
frequently than do representatives in other countries where the 
continued existence of a government depends on their support. 

There is little doubt that, with striking differences, Canada 
is treading the same path as the United States. The one con- 
spicuous failure in the United States is in municipal government. 
This has been largely due to the crowding into cities of a foreign 
population. This population is sometimes so dominant and 
arrogant that in New York, for instance, it was found impossible 
to put on the stage The Merchant of Venice, showing the Jew in 
an unfavourable light. To newcomers the franchise was con- 
ceded lightly with the result that the reverse of the old complaint 
of taxation without representation appeared, and there was 
representation and rule without taxation of the penniless in- 
vaders. The same phenomenon is beginning to appear in larger 
Canadian cities. As the United States has increased in popula- 
tion, the smaller has become the number of men possible for 
election to national office, since only a few can have a fame 
reaching the millions. National leadership is also becoming 



DEMOCRACY IN CANADA 331 

more difficult in Canada. There are no nation-wide newspapers. 
It is hard to move British Columbia by cries effective in Nova 
Scotia. But difficulties of leadership are softened in Canada 
by the mode of choosing them. It is the members of parliament, 
knowing their men, who choose the leaders, and not conventions 
of a thousand people with bands and songs and organized shouts 
for favourite sons. But in Canada because the leader is chosen 
by the few, it is long before he is known to, and trusted by, the 
many. 

Lord Bryce's book is full of wise maxims, the weighty product 
of a rich experience. It is an encyclopaedia of teaching in what 
should and what should not be done. This sober study is a call 
to the democratic nations to confront their intricate problems in 
the chastened mood of those who have dared to look facts in 
the face. There is nothing to cause despair, but there is equally 
nothing to cause any great exhilaration. It is comforting to 
know that in a great crisis the hearts of the people respond to 
the appeal for effort and sacrifice. For all time the spirit of the 
chief democracies during the great war will remain evidence 
that there is a nobility in the many which, when appealed to, 
will save the state. We know now that, in a great crisis, democ- 
racy is riot weak but strong. It is in the daily humdrum that 
it proves weak. In personal affairs every one knows that vigilance 
in respect to small details, an insistent reexamining and read- 
justment of methods, is necessary to security. The private 
citizen must husband carefully his resources or confront blank 
ruin. For the state the same watchful alertness is needed. But 
state problems are intricate. Only a few understand them. If 
these are men of the right type, and the people trust them, all is 
well. But here is the weakness of democracy. Wealth and 
leisure make excuses for holding aloof. Leaders of coarser type 
rush in, and the working of democracy falls to the level of such 
leaders. There is no cure but in the self-sacrifice of good men to 
take their share in public affairs. The people will trust and follow 
the best elements in the community if these will undertake the 
labour of leadership. It was so unlikely a person as Machiavelli 
who said that the people are more prudent and stable than a 
prince, and show better judgment. 

Has democracy, asks Lord Bryce, done anything for the soul? 
We may, with conviction, answer Yes. It has taught the people, 
however blindly, to ponder the problems of their own well-being. 






332 THE CANADIAN HISTORICAL REVIEW 

It has fostered self-reliance and dignity of character among those 
who feel that they possess their share of authority in the state. 
It is slowly teaching alertness in checking the aims of designing 
selfishness. It has made articulate the needs of the people, even 
if it has not always found a remedy. It has effected searching 
criticism in public affairs, even though this is sometimes by the 
means of a scandal-mongering press. It has been the real friend 
of widely-diffused education. To-day, as a result of the stirring 
of democracy, there has come a phase of real equality, that equality 
of opportunity to learn which has made it possible for the labourer 
to read the same books and newspapers as the peer and to become 
his equal in intelligence. If the people possess all the wisdom 
that there is in the nation this wisdom has whatever increase in 
volume reading may bring. 

Democracy has not brought purity in public life. It may be 
charged that it has not fostered fraternity among peoples, though 
this is met by its frequent and sincere efforts to befriend the down- 
trodden in tyrant-ridden states. It has not produced content. 
The growth of democracy is one chief cause of the wide-spread 
unrest of to-day. But discontent is not a vice, if it aims at help- 
ful improvement and not at mere destruction. Democracy has 
not ended the authority of the few. Rather has oligarchy won 
a new authority by its sometimes insidious cultivation of the 
consent of the many. But this after all is, as Napoleon was wont 
to say, despotism by the will of the people and not by divine right, 
and what the people can do they can learn to undo. The best 
test of the strength of democracy is in the answer to the question 
whether those who have lived under it would be willing to change 
to any other known form of government. A chamber, as Cavour 
said, is better than an ante-chamber. Under the worst evils of 
democracy the people are at least free to exercise their own 
judgment and to make effective their own decisions. 

GEORGE M. WRONG 




PHE historians of our post-war politics will have small excuse 
* H to undervalue the importance of personalities in the modern 
democratic state. Reticence and suspicion may continue to dwell 
in Record and Foreign Offices. Here and there a link may be lost 
by the obstinate loyalty to service rules of some soldier or per- 
manent official who "resigned owing to ill-health", or by the tradi- 
tion of cabinet honour that in the British commonwealths still 
steadfastly resists the easier ethics of the new journalism. But 
in the field of intimate biography we are building mighty stacks 
of straw for the makers of bricks. Contarini Fleming's "life 
without theory" has come into its own. Mr. Keynes and Mr. 
Lansing, Mrs. Asquith and Colonel Repington, Mr. Bullitt and 
Mr. Blunt, Sir Philip Gibbs and Captain Peter Wright already 
their name is legion. Thus are laid the foundations of the new 
legends of our leaders in war. But autres temps, autres moeurs. 
The legends will not be Napoleonic; neither will they create 
Honest Abes. 

The diarist, the apologist, the smasher of idols may be de- 
voured by the intellectuals for their spice and their epigrams, 
and then thrown aside. But none the less they are potentially 
important as creators of a new histoire intime such stuff as 
legends are made of. They have captured the public ear as 
triumphantly as the parliamentary sketch writer challenged the 
reporter of debate ten or fifteen years back. In the war and in 
the peace the spot light of modern publicity was thrown always 
and incessantly upon individuals generals, prime ministers, 
presidents, kings. Through six of the most crowded years of 
history that great mystery, "reason of state," let in only such 

1 "A Gentleman with a Duster": The Mirrors of Downing Street (1920) and The 
Glass of Fashion (1921). London: Mills and Boon. 

"Anonymous": The Mirrors of Washington. New York: G. P. Putnam's Sons, 1921. 
"Domino": The Masques of Ottawa. Toronto: The Macmillan Company of 
Canada, 1921. 

333 




334 THE CANADIAN HISTORICAL REVIEW 

light as might silhouette the persons of the drama. And the 
instinct -for what the public wants would have been deficient 
indeed if the crew behind the footlights had missed the first oppor- 
tunity to pick out for the great audience the features of such 
actors as they had watched "back-stage". It may be that 
temptation sometimes dulled discretion; that one or two have 
forgotten, in very delicate times, that a dangerous book written 
in English is a declaration of war on all democracy. But the 
future historian will know better than the contemporary how 
to appreciate the weight of this criticism. The veil-lifters are 
themselves nearly all public figures. They come out into the 
open when they hit; another hits back; and extravagances cancel 
out. 

But another form of intimate history, now no less popular 
than autobiographical reminiscence of other people, will be more 
difficult to appraise. Its essence is anonymity, pessimism, 
iconoclasm. And if Junius is documentary evidence in one age, 
why not, in another, "A Gentleman with a Duster", who "became 
famous in twenty-four hours"? 

The Mirrors of Downing Street has run through twelve editions 
in Great Britain alone. It is brilliant, savage, shocking. The 
disillusion that it breathes exactly suits the days of disenchant- 
ment in England and distrust in America. It washes enough 
dirty linen to be sensational, and claims a moral excuse for pub- 
lication which makes men feel that dirty linen ought to be washed. 
It makes new statements of fact which, though undocumented 
by even the writer's name, have often every appearance of veri- 
similitude. Its innuendos are almost always skilful. The " Gentle- 
man with a Duster" gravely apologizes that "inspired by a 
pure purpose, I might very easily have said far more than I have 
said". He was evidently behind the scenes; and while he chooses 
to remain just a "Gentleman with a Duster" it is not for us, but 
for the more cautious of our successors, to decide just how far 
behind the scenes he was. 

If this book stood alone it might well have been treated, 
perhaps amiably, certainly not too gravely, as the reaction of 
the sight of aftermath upon a war worker. The author has been 
frequently likened by the reviewers to the Lytton Strachey of 
Eminent Victorians. The parallel seems superficial, for Mr. 
Strachey's opinions of Cardinal Manning or Florence Nightingale 
are documented, however pungent, while "A Gentleman with a 
Duster" has chosen to put a tremendous strain upon credulity. 



ANONYMOUS ICONOCLASM 335 

But granting the parallel Eminent Victorians was an isolated 
tour de force; and Mr. Strachey the brilliant iconoclast is forgotten 
in Mr. Strachey the eminent historian. It is easy to imagine the 
trivialities about Queen Victoria's daily life that he might have 
made to pass for the background of his legend, and very deliber- 
ately ignored. 

But The Mirrors of Downing Street does not stand alone. 
The publishers, and for that matter the public, saw to that. 
Within a few months "A Gentleman with a Duster" has given 
us a second edition of personalities, with more moralization and 
fewer epigrams. "Anonymous" has examined the Mirrors of 
Washington] and now "Domino" is poking holes in the Masques 
of Ottawa. These three anonymities have presented to the future 
historians ready-made judgments of the manners, the morals, 
and the motives of fifty-one of the outstanding figures of the 
democracies of England and North America. The studies are 
very provocative, and will almost certainly draw fire. A bio- 
grapher of Mr. Balfour has already entered the lists to chastise 
the "Gentleman with a Duster". But the new histoire intime 
is becoming a cult. The time has come to weigh its value. It 
may be that the historian may be called on to decide very early 
in his researches whether any histoire intime is a safe guide to the 
study of the war generation. 

The three writers have given us considerable variety by 
which to judge the new method. He of Downing Street takes as 
his central facts the winning of the war and the tragedy of the 
khaki peace. He of Washington focusses the attention primarily 
on the Republican triumph of 1920. He of Ottawa, calling the 
subject of his first sketch "the unelected Premier of Canada", 
has the forthcoming general elections with him in most of his 
pages. The first has certainly been in personal relationships of 
some kind with most of the big war and post-war figures in 
English politics; the second knows less about high policy in the 
United States, more about party machinery; the third is some- 
what ostentatiously an outsider "Do not imagine that I spend 
much time at once in Ottawa. " A difference in method naturally 
follows. The sensationalism of the first book wanes in the second 
and is almost absent in that which deals with Canadian national 
figures. (This last book, by the way, in spite of some qualities 
missing in both the others, is in every way of less importance. 
It offers little that is not opinion, and opinion is not the metier 
of the intimate historian.) The Englishman, from his inside 






336 THE CANADIAN HISTORICAL REVIEW 

position, talks the most small scandal and drags us down most 
often to the commonplace. Tit-bits like Lord Kitchener's lack 
of scruple in obtaining possession of objets d'art, or Mr. Lloyd 
George with "a cigar in the depths of an easy-chair, with Miss 
Megan Lloyd George on the arm, and a clever politician on the 
opposite side of the hearth", or Mr. Asquith "laughing deeply 
at a daring jest" are watered down by the time we reach Ottawa 
to the sartorial characteristics of premiers past and present. But 
it is fair also to say that the Englishman best appreciates the 
value of new facts (pending contradiction, they may be accepted 
as facts) in the serious estimation of public character. 

However various their methods, the three arrive at one 
common conclusion that will have importance if they and their 
imitators really succeed in creating a post-war legend. They are 
out-and-out pessimists about the morals and intelligence dis- 
played by democratic government under fire. Again, they 
approach by different roads. "A Gentleman with a Duster" 
would have us see in him a crusader believing that he must call 
on aristocracy to repent. "Domino" of Ottawa believes that "it 
is better to be a hopeful cynic, than a disgruntled idealist". 
"Anonymous" (from Washington) does not appear to believe in 
anything at all. But their gambits quickly lead to a single form 
of attack smash the idols! They easily succeed in drawing an 
ugly picture. Men like Lord Carnock, Lord Fisher, Lord Rhondda, 
Mr. Root, are too gentlemanly, too big, too able, or too much 
interested, to be allowed to serve the state. The men on top are 
riddled with intellectual or moral infirmities. Mr. Lloyd George 
and Mr. Asquith have lost the nonconformist conscience. The 
American Ambassador in London "lives on other peoples' weak- 
nesses". Mr. Hoover has "no political intelligence". Sir Robert 
Borden "led by going alongside". "'Call me Jim' is the mental 
sea-level of the Republican administration." Mr. Root is the 
standing warning that "if you have an adroit and energetic 
mind . . . and must enter politics, hide it; otherwise democracy 
will distrust you. Whatever you do, be dull." "A man goes to 
Ottawa burning with zeal to inaugurate political liberation. Six 
months or a year produces sleeping-sickness." And so down go 
all the idols like nine-pins. There are a few survivors Lord 
Haldane, whom democracy betrayed; Mr. Charles Evans Hughes, 
for whose "reinterment on the Supreme Bench" we are told the 
good Republican is beginning to pray; General Currie, the Cana- 
dian government's "worst D.S.C.R. problem"; and most of the 



ANONYMOUS ICONOCLASM 337 

princes of industry and commerce. But of the politicians whom 
democracy allowed to win the war and make the peace, hardly 
one survives. 

Now the business of the historian is to estimate values, and 
contemporary observers who destroy values are so many darkeners 
of counsel. Their present tendency threatens so to overemphasize 
the dead-level of democracy as utterly to misrepresent the political 
landscape. They rejoice to remove mountains of achievement 
and to set monuments upon the hillocks of might-have-been. 
For the "Gentleman with a Duster" the central British figure 
of the war and the peace is just "a man of straw". It is said of 
him that a scholar untried in practical politics is his ideal prime 
minister. 

The advantages and disadvantages of anonymity have been 
widely canvassed. It will seldom appeal to the historian unless 
distinguished by continuous practice and coldly-reasoning im- 
partiality, neither of which desiderata has yet been met by post- 
war writers. But there are two graver charges of malversation 
(for legend-making is a public trust), to be preferred against 
our intimate iconoclasts. First, they emphasize failure, and 
failure is the most dangerous criterion imaginable in a comparison 
between "ins" and "outs". No great harm can come per se of 
the exaggeration of good qualities in the occasional idol whom they 
have spared or built. But all proportion vanishes at once when, 
against the exaggeration of good in a few, they set the exaggeraton 
of bad in very many. They are far too ready to select bad quali- 
ties about which to be cynical. They pander to the inverted 
snobbery of the vulgar, which is tickled by being assured that 
the best that the state can find to honour are just common clay. 
They cannot, it would seem, always keep themselves untarnished 
by the atmosphere they create, for one of them offers us nothing 
more discouraging in his diatribe than the spectacle of his own 
failure tol ive up to his introductory homily when, at the end of 
several pages of circumstantial evidence about the villainy that 
compassed Lord Haldane's fall, he does not name although he 
almost claims omniscience on the subject the cads who "now 
sun themselves in the prosperity of public approval". On the 
other hand, his real contributions to history are studies in suc- 
cess a picture of Mr. Lloyd George persuading munitions 
magnates to pool their secrets, another of Mr. Churchill risking 
political ruin by mobilizing the Grand Fleet at Lord Fisher's 
insistence without waiting to consult the cabinet. The truth 



338 THE CANADIAN HISTORICAL REVIEW 

is that history is not made by pots calling kettles black. The 
only positive judgment of public character that is worth attention 
bases itself on the best that it can find to say, not the worst; 
on the achievement of the man, not upon his failure to be the 
superman. The great portrait-painter studies his subject in 
many moods, but the canvas shows but one the strongest. It 
is not the master but the cartoonist who watches to catch his 
man in the looser moments for the sake of presenting to the 
public a design that matches his own conception or theirs, buff 
or blue. The result is in the first case the man, in the second a 
caricature. 

This is the second objection to the methods of the writers 
of histoire intime, namely, that they range themselves with the 
cartoonists. The pencils of F. C. G. or Max Beerbohm have 
become the pens of men with an " uncanny power of vivid phrase- 
making". Concerned with the study not of normal people in 
normal times but of leaders burdened with unprecedented re- 
sponsibilities, working under tremendous pressure, peculiarly 
susceptible to every kind of mental and physical reaction, the 
phrase-makers are trying to create legends by searching the occa- 
sional hour of relaxation for eccentricities and shortcomings in 
the common round of daily life. Triumphantly they catch the 
weary Titan off guard in his privacy, and think to prick thus the 
bubble of his public reputation. 

The "Gentleman with a Duster" has made something of a 
fighting-ground of his assertion that Mr. Balfour's alleged in- 
difference to servants is suitable and fair comment in an appraisal 
of his public career. Now the aphorism that "no man is a hero 
to his valet" is demonstrably far sounder than the proverb that 
"a prophet is not without honour save in his own country". 
The valet does not honour, not because he sees the intimate side 
of the man (was Benjamin Disraeli no hero to Mary Wyndham 
Lewis?) but because he is a valet. The valet resents variety; 
he can seldom appreciate that the absence of personal eccen- 
tricity is far more likely to be a vice than a virtue; and he never 
stops acting to keep up appearances. 

One obsession in particular may beset the valet of the public 
man. He may never reconcile himself to that public man's 
duty to give every ounce of the best that is in him to the public, 
and to his consequent right to be judged by what he does for the 
public. The statements in the Mirrors of Downing Street may be 
true or they may be false. The defence of them in The Glass of 



ANONYMOUS ICONOCLASM 339 

Fashion is woefully unconvincing. The point at issue, perfectly 
obvious in Mr. Raymond's retort, is the admissibility of private 
relationships of this kind as evidence of a public man's public 
character and service. The "Gentleman with a Duster" misses 
it entirely; but if there is really such a thing as the bar of history, 
is it conceivable that its verdict on public fame will be affected by 
kitchen gossip? There are few less agreeable personal traits than 
lack of consideration for domestic servants. But it would matter 
no more, in the next generation's estimate of his public character 
and utility, that Mr. Balfour should not have said good morning 
to his butler during the Peace Conference than that he should 
have read himself to sleep every night with detective novels while 
writing The Philosophy of Doubt. It is unfortunate that so great 
an admirer of Mr. Gladstone as the "Gentleman with a Duster" 
claims himself to be. has not realized the plain truth that there 
are hidden things in life that are very much better left hidden. 

And so he who delves into the intimacies of public men's 
lives to find arguments of state is beset with snares. We may at 
least be grateful that "Domino" of Ottawa appears to see them 
and to draw back: "The little blank spots in Meighen's tempera- 
ment are things that people like to talk about; when the same 
idioms [sic] in an average man would be set down as mild in- 
sanity." The new historian will remember with the new theo- 
logian that "Cain and Abel live on our street. Perhaps if we 
knew more about Abel we should be more tolerant to Cain." He 
will not mistake idols for gods. He will recall that an Athens 
may not only desire but need a Themistocles rather than an 
Aristides. 

R. HODDER WILLIAMS 



THE GOLD COLONY OF BRITISH COLUMBIA 



IT was in the early spring of 1858 that the gold rush to the 
Eraser River began. A new El Dorado had been discovered, 
and the wildest rumours were circulated in San Francisco and 
other American Pacific coast ports. This time the "strike" 
was on British territory, but that mattered but little to the 
Californian miners. It was enough for them that gold was to 
be had, and every ship clearing from San Francisco for Victoria 
and the Fraser River was crowded to capacity. The feverish 
excitement which then prevailed may be gauged by the following 
figures. In April 455 persons set sail from San Francisco 
bound for the new gold fields. In May the number was 1,262, 
but in June it jumped to 7,149. July saw the climax of the rush. 
The total for that month was 6,278, and of these 1,732 persons 
left San Francisco on a single day. By the middle of July the 
total number of miners in the gold district was over 30,000, but 
by August the fever had passed and only 254 set out in that month 
for the diggings. 1 The natural reaction had set in, and the re- 
ports being sent back from the Fraser were by no means so glowing 
as they had been. 

It is to this gold rush that the settlement of the mainland 
of British Columbia is chiefly to be attributed. Before 1858 
all that vast territory was practically a closed game preserve of 
the Hudson's Bay Company, the hunting grounds of half-breed 
and Indian trappers, a land of mountains, rivers, lakes, and 
primeval forests. There were a few forts along the Fraser and 
in New Caledonia, as northern British Columbia was then termed. 
There was some cultivation around the forts, for the Company 
was by no means blind to the possibilities of agriculture in British 
Columbia, but no attempt had been made, or contemplated, to 
induce settlers to cross the International boundary from Wash- 
ington and Oregon. The fur- trader and the settler cannot exist 
long side by side, a fact which the Hudson's Bay Company, with 

1 Howay and Scholefield, British Columbia, II, 17. 

340 



THE GOLD COLONY OF BRITISH COLUMBIA 341 

its Oregon experiences fresh in its mind, was by no means likely 
to forget. 

Of course, the gold miners were prospectors and not settlers. 
Their main interest was centered in the "pan" and the "placer," 
the "dust" and the "nugget." By nature they were transients, 
ready to push on from sand bar to sand bar, ever intent on dis- 
covering the elusive "pay streak" along the banks, or even in 
the river bed, of the Eraser. But their coming meant the doom 
of the fur-trader and the establishment of permanent or semi- 
permanent "camps." Above all it meant the setting up of some 
sort of settled government in the new gold region. 

At the time of the gold rush to the Eraser, the Hudson's 
Bay Company still reigned supreme over all Western Canada, 
from the Great Lakes to the Pacific. But its rule had lately 
been challenged, and it had hardly recovered from the investigation 
of 1857. The select Committee of the British House of Commons 
appointed in that year, headed by the Right Honourable Henry 
Labouchere, then Secretary of State for the Colonies, and num- 
bering among its influential members Mr. Gladstone, had re- 
ported in favour of ending in the year 1859 the exclusive sway of 
the Hudson's Bay Company over the vast territories west of 
the Great Lakes. It had also expressed itself of opinion that the 
connection of the Company with Vancouver Island, established 
by the Royal Grant of 1849, should be terminated as soon as 
was convenient, and that "means should also be provided for 
the ultimate extension of the colony [i.e., of Vancouver Island] 
over any portion of the adjoining continent to the west of the 
Rocky Mountains on which permanent settlement may be found 
practicable." 2 As events proved, the gold rush to the Eraser 
merely hastened the carrying out of this policy. 

Before, however, we can investigate the reasons which led 
the imperial authorities to set up a separate government for the 
mainland and to create the colony of British Columbia, it will 
be well to outline the state of affairs in the neighbouring colony 
of Vancouver Island since this has direct bearing upon the early 
history of British Columbia. The Royal Grant of 1849 had made 
over to the Hudson's Bay Company sovereign rights over Vancouver 
Island, provided that the Company established there "a settle- 
ment or settlements of resident colonists."* The Company had 

2 Report from the Select Committee on the Hudson's Bay Company, p. iv. 
* Vancouver Island Papers, 1849, 103, p. 15. 



342 THE CANADIAN HISTORICAL REVIEW 

lived up to the letter but not to the spirit of the agreement, and 
the few settlers who were on the Island, for the most part retired 
servants of the Company, were much dissatisfied with existing 
conditions. 4 In his evidence before the Select Committee in 
1857, James Cooper, who had settled at Metchosen, Vancouver 
Island, stated that the population of the Island had decreased 
since he had been there, and attributed this fact to the mal- 
administration of the Hudson's Bay Company. He went on to 
state that there was no encouragement for immigration into the 
country and that many people who had come to Vancouver 
Island had left it. He attacked the courts of justice set up by 
the Company, and considered the chief justice incompetent. 
Of course Cooper, although he had been for several years a member 
of Governor Douglas's council, was bitterly opposed to the Com- 
pany, but his evidence is corroborated by that of other inhabitants 
of Vancouver Island. Land was sold for five dollars an acre, or 
four times the price demanded in neighbouring American territory. 
Moreover, the best land was held by the Hudson's Bay Company 
or its auxiliary the Puget Sound Agricultural Company, which 
had been formed to develop and manage the lands of the parent 
company, and the settlers usually had to go miles out from Vic- 
toria in order to get a patch to clear and cultivate. Alfred Wad- 
dington, in his Fraser Mines Vindicated, has put the case thus: 5 
The truth is, the Company did not wish for colonists. Not that 
it refused to sell ground ; on the contrary, any settler might go and 
choose it, when it was measured out to him and he paid for it. But 
as there was nobody but the Company to sell to or trade with, and 
as the Company only bartered, or seldom bought for cash, few 
wished, when their farm began to produce, to be obliged to exchange 
their goods for blankets, pots and pans, powder, or old muskets. 
In presence of all these objections many declined settling on the 
Island, and those who did without positively buying ground were 
treated as interlopers. Even to this day we are treated as inter- 
lopers, whilst foreigners are told that "they have not 'been invited". 

* Report, p. 190. The Hudson's Bay Company asserted in 1852 that they had sold 
1,478^ acres of land to 11 persons, and 19 more persons had applied for 2,355 acres, land 
which was being surveyed. During the same time the Hudson's Bay Company and its 
subsidiary, the Puget Sound Company, had "at their own expense, respectively sent out 
271 males with 80 females and 84 children belonging to them. These men were chiefly 
agricultural labourers, the remainder were farm bailiffs, miners and mechanics" (Van- 
couver Island Papers, 1852, 83, p. 2). These facts are eloquent. 

6 Alfred Waddington, The Fraser Mines Vindicated, or the History of Four Months, 
Vancouver, 1858, p. 34. 



THE GOLD COLONY OF BRITISH COLUMBIA 343 

The government of the Island was vested in a governor, a 
council, and an assembly. The first governor, Richard Blanchard, 
had been sent out from England by the imperial authorities in 
exercise of a right reserved by the Royal Charter of 1849. Blanch- 
ard's appointment had been made against the wishes of the Com- 
pany, and his regime was unique in the annals of British Columbia. 
Having tried for two years to exist in a totally impossible position, 
in which his chief official duties were confined to writing des- 
patches or acting in the capacity of a justice of the peace, with 
no place to reside except on ship-board or in the Hudson's Bay 
forts as an unwelcome guest, and with no salary from which to 
meet even necessary expenses, Blanchard retired in 1851, with 
more dignity than solvency, to the Home Land. He reappeared 
in 1857 as a witness against the Company which had treated him 
so shabbily. His successor in the governorship was James 
Douglas, the well-known chief factor of the Hudson's Bay Com- 
pany, who from 1849 on had been the real ruler from Fort Vic- 
toria both of Vancouver Island and the mainland of British 
Columbia. 

Douglas was assisted by a council of three, which increased 
to four in April, 1853. It is noted by Waddington that all the 
members of council had been or were servants of the Company. 
As the published minutes of the council amply testify, the chief 
duty of that body was to assent to acts introduced for its con- 
sideration by the governor. The council can hardly be said to 
have represented the people. 

Nor was the Assembly, which was set up in 1856 and elected 
on a very restricted franchise, much more representative. It 
contained seven members, six of whom had been connected with 
either the Hudson's Bay Company or the Puget Sound Agri- 
cultural Company. 6 The Assembly went through the motions 
of carrying on popular government, but that is the best that can 
be said for it. 

The real ruler of the Island was, therefore, the governor and 
chief factor, James Douglas. He was well fitted for his r61e of 
czar. His bust in the Provincial Archives at Victoria gives one 
a fair conception of the man. The firm set mouth, the erect chin, 
the heavy nose, and the shaggy brows, proclaim him to have been 



6 De Cosmos, in the British Colonist, December, 1858, states that "only one was 
wholly independent, the others were either Hudson's Bay Company or Puget Sound 
Company servants". 



344 THE CANADIAN HISTORICAL REVIEW 

a master of men. Neither by nature nor by training was he a 
democrat. There is no doubt that he did much for British 
Columbia, and that the province owes him an eternal debt of 
gratitude, for a strong hand was needed to guide the destinies of 
the infant colonies. He ruled Vancouver Island and British 
Columbia and governed them well at a time when a weak man 
would have shipwrecked everything, but he always belonged to 
the old school. The best years of his life had been spent in the 
service of the Great Company, and he remained to the end in 
reality, if not in name, the chief factor over the Western Depart- 
ment. 

Such was the man and such was the government which had 
to cope with the gold rush on the Fraser. Actually, in point of 
law, on account of the Royal Grant of 1849, the government of 
Vancouver Island had no authority over the mainland of British 
Columbia. But if, as the governor of Vancouver Island, James 
Douglas had not the actual sovereignty over the new gold fields, 
as the chief factor of the Hudson's Bay Company, he had, if not 
authority over the miners, none the less control over the fur-trade, 
and still maintained practically supreme sway over the Indians. 
The miners were bound to come at once into contact, if not into 
conflict, with the Indians and the fur-traders. In addition, the 
bulk of them on their way to the Fraser were likely to land at 
Victoria, which was then the capital of Vancouver Island, and 
the natural port for the mainland. 

That quiet and aristocratic city, or village as it was then, was 
profoundly stirred by the arrival of the American gold searchers. 
Waddington has left us a vivid description of conditions on his 
arrival there. 7 

On landing in Victoria we found a quiet village of about 800 
inhabitants. No noise, no bustle, no gamblers, no speculators or 
interested parties to preach up this or underrate that. A few quiet, 
gentlemanly-behaved inhabitants, chiefly Scotchmen, secluded as 
it were from the whole world, and reminding one forcibly of the line 
of Virgil, 

"Et pene toto divisos ex orbe Britannos." 8 

Though not perhaps so shrewd as Californians, they evidently 
understood the advantages of the situation, were quietly awaiting 
the results, and more or less acquainted with the country seemed 

7 Fraser Mines Vindicated, p. 15. 

8 So Waddington; the correct version of the quotation is, "Et penitus toto divisos 
orbe Britannos" (Virgil, Eclogue 1, line 67). 



THE GOLD COLONY OF BRITISH COLUMBIA 345 

rather surprised that a people so sharp as the Californians were 
supposed to be, should be running after such an impossible bubble 
as the Bellingham Bay trail. 9 As to business there was none; the 
streets were grown over with grass, and there was not even a cart. 
Goods there were none, nor in the midst of this "Comedy of Errors" 
had a single California merchant thought of sending a single bag of 
flour to Victoria! The consequence was that shortly after our 
arrival the bakers were twice short of bread, and we were obliged 
to replace it first by pilot bread and afterwards with soda crackers. 
Nor was this the only trouble of the California miners. They 
soon found that the governor and chief factor James Douglas 
was by no means ready to throw open the new gold country to 
them; in fact Douglas had, as early as December, 1857, issued a 
proclamation closing the new gold fields except on certain con- 
ditions. This proclamation laid down the absolute rights of the 
Crown to "all mines of gold and all gold in its natural place of 
deposit within the districts of Eraser's and Thompson's Rivers" 
and added that "all persons who shall take from any lands within 
the said districts any gold, metal, or ore containing gold, without 
being duly authorized in that behalf by Her Majesty's Colonial 
Government, will be prosecuted both criminally and civilly as 
the law allows." 10 In issuing this proclamation Douglas exceeded 
his authority, for his commissions as governor of Vancouver 
Island arid lieutenant-governor of the Queen Charlotte Islands 
did not extend to the mainland. This fact he recognized, for in 
his despatch to the Colonial Office reporting the above proclama- 
tion he included the following sentence: "Moreover, should Her 
Majesty's Government not deem it advisable to enforce the rights 
of the Crown, as set forth in the proclamation, it may be allowed 
to fall to the ground and become a dead letter." 11 

Needless to say, the governor did not publish this proviso in 
the colony, but waited till he received a reply from the Colonial 
Secretary, Labouchere. In the meantime, as might readily be 
expected, the publication of the proclamation was rather a stag- 
gerer to the seekers after the new El Dorado. Their feelings can 
be imagined when they learned that the license fee imposed had 
been fixed in December, 1857, at 10 shillings per month, to be 
paid in advance. That fee, incidentally, was soon raised to 21 

9 This was an alternative route for the gold fields, an overland trail through Washing- 
ton Territory. 

10 Gold Discovery Papers, 1858, p. 9. 
"Ibid. 



346 THE CANADIAN HISTORICAL REVIEW 

shillings a month. It was only too evident that Douglas was 
determined to keep the gold rush and the gold fields under rigid 
control. A perusal of his correspondence with Labouchere clearly 
shows this. When the first gold strike within British territory was 
reported to Douglas in March, 1856, by Angus McDonald, clerk 
in charge of the Hudson's Bay post at Fort Colvile in the Upper 
Columbia District, Douglas had written to Labouchere 12 suggesting 
the possibility of a tax on all persons engaged in gold digging and 
pointing out the impossibility of levying such a tax without the 
aid of military force. To this Labouchere had replied on August 4, 
1856, advising against the imposition of such a tax, but leaving 
to Douglas discretion "to determine the best means of preserving 
order in the event of any considerable increase of population 
flocking into this new gold district", and asking for full informa- 
tion from time to time on the subject. In July, 1857, Douglas 
reported to Labouchere 13 that the Indian tribes of Thompson's 
River had lately taken "the high-handed, though probably not 
unwise course, of expelling all the parties of gold diggers, composed 
chiefly of persons from the American territories who had forced 
an entrance into their country". The natives apparently wished 
to monopolize the gold deposits for their own benefit and feared 
lest the influx of gold miners would interfere with the annual 
salmon runs in the Eraser and Thompson Rivers. To the Hudson's 
Bay chief factor the Indian trade was of more importance than 
gold-digging. 

In this connection it is interesting to note the attitude taken 
towards the Douglas regime by Amor De Cosmos in his editorial 
in the first number of the British Colonist, under the date of 
December 11, 1858. De Cosmos was, of course, the champion 
of political reform, and one of the greatest opponents of Douglas 
and his administration, which he denounced as the "Family- 
Company-Compact". He was, none the less, one of the ablest 
and most independent men in Vancouver Island, and he later 
became, after Confederation, a prime minister of the province of 
British Columbia. His opinion of Douglas's administration was 
as follows: 

We do believe that no man ever had a more favourable oppor- 
tunity to distinguish himself as a statesman than Governor Douglas. 
Everything conspired in his favour. Gold was discovered in British 

"Douglas to Labouchere, April 16, 1856, Gold Discovery Papers, p. 5; Labouchere to 
Douglas, ibid., pp. 5-6. 

13 Douglas to Labouchere, July 15, 1857, Gold Discovery Papers, p. 7. 



THE GOLD COLONY OF BRITISH COLUMBIA 347 

Columbia. Tens of thousands came eager to engage in the intro- 
duction of all the appliances of civilization, and thus lay in a few 
weeks the foundation of a nation in a land almost unknown. Nothing 
was required but mind to organize, and the disposition to use it. 
Governor Douglas was the most prominent person here at this 
auspicious season. He was the only one who could with colour of 
right interfere. Had he then taken due advantage of that happy 
combination of circumstances, history would have ranked him with 
Clive and with Hastings; he would have received the merited honour 
of adding a bright jewel to the British Crown. Had he then proved 
himself a statesman, he would have been clearly entitled to a special 
reward at the hands of his Sovereign. To-day he would have been 
the most popular man in these colonies. His life would have been 
honoured; his death lamented; and his name imperishable. 

Unfortunately for these colonies, Governor Douglas was not 
equal to the occasion. He wanted to serve his country with honour, 
and at the same time preserve the grasping interests of the Hudson's 
Bay Company inviolate. In trying to serve two masters he was 
unsuccessful as a statesman. His administration was never marked 
by those broad and comprehensive views of government, which were 
necessary to the times and to the foundation of a great colony. It 
appeared sordid; was exclusive and anti-British; and belonged to 
a past age. A wily diplomacy shrouded all. An Administration 
so marked one with a doubtful claim to "exclusive trade and 
navigation" could not well be other than unpopular, and un- 
successful. 

De Cosmos was right when he said that "Douglas was not 
equal to the occasion". Douglas's dual position as chief factor 
and governor was wholly impossible, and he had not yet been 
forced by the imperial government to choose which office he would 
hold. In the meantime, he tried unsuccessfully to serve two 
masters, and to protect the "exclusive trade and navigation" of 
the Hudson's Bay Company. This meant that restrictions and 
regulations were to be placed upon the entrance into British 
Columbia of the California miners. 

But, regulations to the contrary notwithstanding, nothing 
could possibly have kept back the tide of prospectors, and they 
poured in during the spring and summer of 1858 by overland 
trails and by steamship to Victoria and Port Townsend and 
Whatcom, Washington. Many of them endeavoured to cross 
from Victoria to the mouth of the Eraser in skiffs, whaleboats, 



348 THE CANADIAN HISTORICAL REVIEW 

and canoes. 14 Numbers of these enthusiasts seem to have perished 
in the tide-rips in the straits and gulf of Georgia. At first the only 
steamship accommodation allowed was provided by the Hudson's 
Bay Company's steamers, but a little later Douglas, on the pay- 
ment of a royalty for each trip, permitted American steamers to 
enter the Eraser. He even entered into negotiations with the 
United States Mail Steam Ship Company, which had been operating 
along the Californian coast, whereby the American company 
should place steamers on the navigable route between Victoria 
and the Falls of Fraser River, one hundred and thirty miles from 
the mouth of the Fraser. These steamers should carry the Hud- 
son's Bay Company goods into the Fraser River, and no other; 
furthermore, they should carry no passengers except those who 
had "taken out and paid for a gold mining license and permit 
from the Government of Vancouver Island". In addition, the 
American company was to pay to the Hudson's Bay Company, 
as compensation, two dollars head money for every person carried 
into the Fraser River. In return for all this, the United States 
Pacific Mail Steam Ship Company was to enjoy all profits from 
river transport. Nothing could show more clearly than this 
arrangement Douglas's position towards the Company, the im- 
perial government, and the unwelcome miners. 

Nor was this all. Douglas on May 8, 1858, issued a proclama- 
tion stating that it was reported that "certain boats and other 
vessels have entered Fraser's River for trade" and "warning all 
persons that all such acts are contrary to law, and infringements 
upon the rights of the Hudson's Bay Company, who are legally 
entitled by law to trade with Indians in the British possessions 
on the north-west coast of America, to the exclusion of all other 
persons, whether British or Foreign". The proclamation then 
went on to state that after fourteen days from that date "all 
ships, boats and vessels, together with the goods laden on board, 
found in Fraser's River or in any of the bays, rivers, or creeks 
of the said British possessions on the north-west coast of America, 
not having a 'license from the Hudson's Bay Company, and a 
suffrance from the proper officer of the Customs at Victoria, shall 
be liable to forfeiture and will be seized and condemned according 
to law". 18 

Fortunately for British Columbia, when Douglas's despatches 

14 Bancroft, British Columbia, p. 364. 

16 B. C. Papers, Pt. I, p. 12: Enclosure in No. 1, Douglas to Stanley, May 19, 1858. 



THE GOLD COLONY OF BRITISH COLUMBIA 349 

reached London two months later, the new Colonial Secretary, 
Sir Edward Bulwer Lytton, the distinguished novelist, was by 
no means ready to accept such cavalier action on the part of the 
chief factor and governor. On July 16, 1858, we find Lytton 
writing to Douglas in no unmeasured terms. He disallowed 
the Proclamation of May 8, and also disapproved of the terms 
proposed to the Pacific Mail Steam Ship Company. At the same 
time he laid down certain rules for Douglas to follow. These 
rules, since they show forth, very completely, the policy of the 
Colonial Office regarding the difficult situation created by the 
discovery of gold on the mainland, are quoted in full : 16 

In strict law, your Commission extends to Vancouver's Island 
only; but you are authorized under the necessity of the case, to take 
such measures, not inconsistent with the general rights of British 
subjects and others within Her Majesty's Dominions. 

I approve, therefore, of your having detached an officer of the 
Customs from Vancouver's Island (if the intention announced in 
your Despatch was carried into execution) for the purpose of pre- 
venting the landing in Eraser's River of articles prohibited under the 
Customs Laws to which you refer. 17 

Subject to this restriction Her Majesty's Government wish no 
obstacle to be interposed to the disembarkment of passengers and 
goods at the mouth of Eraser's River by foreign vessels. 

But it is necessary to maintain the principle, that the navigation 
of Eraser's River above the mouth is open in law to British vessels 
only. American or other foreign vessels, therefore, if admitted to 
navigate the River (to which it is the desire of Her Majesty's 
Government that no unnecessary obstacles should be interposed) 
should be required to take a license from yourself or such officer as 
you may delegate for the purpose. 

But I must distinctly warn you against using the powers hereby 
intrusted to you in maintenance of the interest of the Hudson's Bay 
Company in the territory. 

The Company is entitled, inder its existing licence, to the ex- 
clusive trade with the Indians, and possesses no other right or 
privilege whatever. 

" B. C. Papers, Pt. 1, p. 42, Lytton to Douglas, July 16, 1858. 

17 Douglas had in his despatch of May 19 stated that he had placed a customs officer 
at the mouth of the Eraser in order to prevent the entrance of such goods as spirits, arms, 
ammunition, "and other prohibited and noxious articles". These goods were prohibited 
by the customs laws as extended to the British possessions in America, and their entrance 
was an infringement of the rights of the Hudson's Bay Company. 






350 THE CANADIAN HISTORICAL REVIEW 

It is, therefore, contrary to law, and equally contrary to the 
distinct instructions which I have to convey to you, to exclude any 
class of persons from the territory, or to prevent any importation 
of goods into it, on the ground of apprehended interference with 
this monopoly still more to make any Governmental regulations 
subservient to the Revenues or interests of the Company. 
This is fairly strong language for such an eminently prosaic 
and proper thing as a Colonial Office despatch, but it was apparent 
to the Home authorities that Douglas had in his dual capacity 
been unable to be perfectly just both to the imperial government 
and to the Hudson's Bay Company. It was hardly to be ex- 
pected that Douglas, who had been connected with the fur-trading 
monopoly for fully thirty years before he took upon himself the 
office of colonial governor, would turn his back on the Great 
Company. None the less Douglas was a loyal British subject 
and was intent upon setting up a strong and legitimate form of 
government among the miners of the Fraser River. It is typical 
of Douglas not only that he accepted Lytton's instructions and 
acted on them forthwith, but that he also quoted in his defence 
the despatch of the Duke of Newcastle, dated October 22, 1853, 
in support of the rights of the Hudson's Bay Company. He then 
claimed that the proclamation of May 8, 1858, was based on 
Newcastle's opinion, voiced in that despatch, that it would be 
prudent for Douglas to issue a proclamation warning all persons 
against the consequences of infringement of the Hudson's Bay 
Company's rights and forbidding foreigners from fishing within 
three miles of the shore. The old chief factor was not willing to 
submit too tamely to the new interpretation of the Company's 
rights which Lytton had formulated from the Colonial Office. 

For a matter of fact, there were three possible solutions for 
this new and vexed constitutional and administrative problem. 
The first was to extend the authority of the government of Van- 
couver Island over the mainland of British Columbia. This 
would have been, except for one insuperable obstacle, the easiest 
and least expensive solution. The Royal Grant of 1849, however, 
still remained in force, and Her Majesty's government was by 
no means ready to hand over the mainland as well as the island 
to the Hudson's Bay Company. The second solution was pro- 
bably the most obvious, but as affairs then stood the least work- 
able. This was to annul the Royal Grant of 1849 at once and to 
create a new crown colony including both the Island and the 
mainland. To this there were several objections, among them 



THE GOLD COLONY OF BRITISH COLUMBIA 351 

being the different economic conditions in the two localities. 
Vancouver Island was, and would probably remain, chiefly agri- 
cultural. The gold fever was prevalent on the mainland which, 
except for the mining camps and Hudson's Bay Company's forts, 
was still a vast wilderness. It would be years before it could 
become an agricultural country. Thus the only thing to do was 
to erect the mainland of British Columbia into a separate crown 
colony. This was accordingly done by the Act of August 2, 1858. 

That Act, which was the Magna Carta of the mainland, laid 
down what were to be the boundaries, administration, and legal 
system of the new colony. The boundaries of the new colony 18 
were to stretch from the Pacific Ocean and the Gulf of Georgia 
on the west to the summit of the Rocky Mountains on the east, 
and from the American border on the south to the Simpson (now 
the Naas) and the Finlay Rivers on the north. The Queen 
Charlotte Islands were included, but Vancouver Island was to 
be excluded. The government was to consist of a governor and, 
"as soon as Her Majesty should deem it convenient," a legislature. 
The legislature was to consist of the governor and a council, or 
a council and an assembly. In the meantime the governor was 
to be empowered "to make provision for the administration of 
justice" and "generally to make, ordain, and establish all such 
laws, institutions, and ordinances as may be necessary for the 
peace, order, and good government of Her Majesty's subjects and 
others" within the colony. The proviso was added that all 
orders of Her Majesty's Privy Council concerning British 
Columbia, and also all laws and ordinances made by the colonial 
governor, should be laid before both houses of parliament. 

Other important clauses of the Act provide for the appeals of 
civil suits from the courts of British Columbia to the British 
Privy Council, and also for the inclusion of Vancouver Island in 
the colony of British Columbia. The latter event, however, could 
only take place providing that a joint address from both houses 
of the legislature of Vancouver Island was presented to Her 
Majesty asking for the annexation of that island to British 
Columbia. The last clause of the Act made provision that it 
should remain in force until December 31, 1862, and that its 
expiration was not to interfere with the boundaries, right of appeals 
or certain other privileges laid down in the Act. 

It will be seen that this Act gave very wide powers to Governor 

18 B. C. Papers, Pt. 1, no. 1, p. 1. 



352 THE CANADIAN HISTORICAL REVIEW 

Douglas, who was, as might have been expected, appointed 
governor of the new crown colony. His position on the mainland 
was now legalized, and he was enabled to make provision for the 
setting up of local magistrates and the levying of taxes and 
customs duties. One condition, however, had been attached by 
the Home government to Douglas's acceptance of his new gover- 
norship. He was to be governor of both Vancouver Island and 
British Columbia, provided that he completely severed all con- 
nections with the Hudson's Bay Company. In a confidential 
letter dated July 16, 1858, 19 Sir Edward Bulwer Lytton lays down 
this condition, at the same time promising Douglas a six years 
term as governor of British Columbia and also a salary of 1,000 
a year. He also promised that Douglas's interests in the matter 
of his salary as governor of Vancouver Island would not be over- 
looked. It is typical of Douglas that in his reply 20 he states that 
the 1,000 salary offered to him as governor of British Columbia 
"is manifestly insufficient for that purpose, in this very expensive 
country", and suggests the sum of 5,000 as an inclusive salary 
for both governments. He announced at the same time that he 
had severed all connections with the old company. To this 
Lytton replied, naming 1,800 as salary for the dual position, 
but allowing a further colonial grant. This grant was soon fixed 
at 3,000, so that Douglas obtained very nearly what he had 
requested. 

One cannot, at this point, turn away from the legal enact- 
ments and resultant correspondence which set up the new Gold 
Colony, without pausing to comment on its name. As is well 
known, it was Queen Victoria who bestowed the title of British 
Columbia upon the Pacific Province, just as it was she who later 
named its capital New Westminster. Her Majesty's reasons, as 
set forth in her letter to Bulwer Lytton dated Osborne, July 24, 
1858, are very interesting. 21 Having noted that objection had 
been taken to the name of New Caledonia, by which title the main- 
land was usually designated, although New Caledonia was more 
properly the northern interior of British Columbia, Queen Victoria 
objected to the various names bestowed by Captain Vancouver 
and his brother navigators, New Hanover, New Cornwall, and 
New Georgia. She avowed that the only name given on all the 
maps which she had consulted was "Columbia". In order to dis- 

19 B. C. Papers, Pt. 1, p. 43. 
*> B. C. Papers, Pt. II, p. 1. 
21 Queen Victoria's Letters, vol. Hi, p. 296. 



THE GOLD COLONY OF BRITISH COLUMBIA 353 

tinguish this new Columbia from all other Columbias, Her Majesty 
therefore named the infant colony "British Columbia". 

It will now be well to survey the actual extent of the new 
colony and to enumerate the principal gold fields. The Fraser 
was, and remained, the main artery of the colony, and along its 
banks, and in its bed, were situated many of the chief diggings. 
From the mouth of the river to Fort Langley, a distance of twenty- 
five miles, no diggings at all occurred. Between Fort Langley 
and Fort Hope, a distance of sixty-nine miles, they were fairly 
numerous, the lowest which produced gold in paying quantities 
being "Fargo's Bar, a mile above Sumas village." 22 From Fort 
Hope to Fort Yale, which were situated about thirteen miles 
apart, the bars were very frequent and also very productive. The 
best known of these sand-bars was Hill's Bar, "the earliest- 
worked, longest- worked, largest and best-paying bar on the 
Fraser." 23 From Fort Yale the diggings stretched north for 
fifty-five miles to the junction of the Fraser and the Thompson, 
a point then known as the Forks, but afterwards named Lytton 
in honour of the Colonial Secretary. North of Lytton prospectors 
had in the first few months gone almost as far as Fort George, 
but the most northerly diggings, when Waddington published his 
pamphlet in November 1858, were at the Fountain, six miles 
above the Big Falls of the Fraser and about sixty miles north of 
Lytton. In fact, the whole country drained by the Fraser and 
its tributaries, especially the Thompson, had been scoured by 
the prospectors. The great Cariboo gold-fields were not dis- 
covered until late in 1859 and early in 1860. But in the meantime 
the Fraser had been examined as far north as one hundred arid 
fifty miles beyond Fort George, and Douglas, writing to the Duke 
of Newcastle in October 1859, 24 reported that men were making 
from 20 to 25 shillings a day from each bar in that vicinity. It 
had also been found that the Quesnel River was far richer than 
the main stream and that as much as 40 a day could be made in 
the "rich strikes". In fact, there were rumours of gold as remote 
as "Tete Jaune's Cache" (or the "Yellowhead" country) on the 
western slopes of the main chain of the Rocky Mountains. To 
the frenzied imagination of the moment, the bulk of the interior 
of British Columbia seemed one gigantic pay streak. 

As might have been expected, the population was extremely 

22 Howay and Scholefield, British Columbia, vol. ii, p. 39. 

Ibid. 

24 Douglas to Newcastle, B. C. Papers, Pt. 3, p. 65. 



354 THE CANADIAN HISTORICAL REVIEW 

unstable. Thousands had, as we have seen, rushed to the diggings 
in the spring and early summer of 1858, only to be disappointed. 
The gold was literally in the Fraser, and could not be got at until 
the autumn, when the river had fallen and the sand-bars were 
exposed. That meant several weary months of waiting, and many 
of the miners left the lower Fraser diggings in disgust, or pushed 
on further north to points where "dry diggings" were possible. 
The Victoria Gazette in its first number, dated June 25, 1858, thus 
recorded affairs at Fort Hope : 

Matters at Fort Hope remained in the same condition as at 
previous advices. The majority of the miners were waiting for the 
river to fall. Some were working the river banks. A party of one 
hundred and fifty miners started out on the trail to Thompson River, 
with a view to locating in that vicinity. . . . 

Provisions were very scarce, and prices were outrageously 
high on the Fraser, and this had much to do with the rapid 
shifting of population. Flour was worth $60 a barrel at Fort 
Hope, sugar 50 cents a pound, and other articles were in pro- 
portion. Waddington, in his Fraser Mines Vindicated, quoted 
figures to show the preposterous prices charged : 26 

Beans which are worth 1^ cents in Victoria, and would cost at 
most 5 cents at Port Douglas, sell for one dollar per pound at the 
end of the Trail. Bacon is worth two dollars a pound, or to be more 
exact there is none; flour seventy-five cents a pound, boots twenty 
to twenty-five dollars per pair, and blankets the same. Nobody 
can be astonished at miners leaving when they have to pay such 
prices, and are so uncertain of their existence into the bargain. 
Of course, against these huge prices must be placed the large 
amounts of gold obtained. Douglas, in his despatch of June 10, 
1858, 26 reported that at Hill's Bar four men had, with a rocker, 
produced in six hours a hundred dollars worth of gold, and that 
the average miner made anywhere from two and a half to twenty- 
five dollars a day. A little later in the season, after sluicing had 
been attempted, much larger sums were made. In his despatch 
of October 12, 1858, Douglas records that a "Mr. Gushing, who 
had five hired men employed on his sluice at wages ranging from 
five to eight dollars a day, received, in one week, a yield of 2,500 
dollars".* 7 It is interesting to note that inferior claims which 

25 Waddington, Fraser Mines Vindicated, p. 25. 

26 Douglas to Stanley, June 10, 1858, B. C. Papers, Pt. 1, p. 13. 
27 Douglas to Lytton, B. C. Papers, Pt. II, p. 5. 



THE GOLD COLONY OF BRITISH COLUMBIA 355 

yielded only from two and a half to five dollars a day, were not 
considered worth working. As Douglas puts it: "That yield, 
however, is not considered wages by the Californian miner, nor 
any sum under six dollars a day". As usual, high prices and high 
wages went together. 

In the same despatch Douglas mentions the necessity for the 
government building good roads to and from the diggings. This 
was essential if the country was to be colonized. 

At first the only means of communication between the diggings 
and the outside world was along the Eraser. Steamers managed 
somehow to get as far as Fort Hope. The Victoria Gazette tells 
us that 

The steamer "Sea Bird" has managed to reach Fort Hope by 
dint of the most severe driving. Her progress up is reported to have 
been of the most curious character; sometimes the current would 
get the better of the battle and the steamer would drift astern in 
spite of herself. On her return she struck on a point ten miles below 
Fort Hope, and some of the passengers on the "Surprise" inform us 
that it is a matter of doubt whether she will be got off, as the river 
henceforth is more likely to fall than to rise. 

From Hope onward the miner took his life in his hand if he 
attempted the Fraser Canyon in a canoe. Fortunately it was 
possible to provide a substitute for this almost impassable route. 
This was by means of the Harrison-Lillooet trail, via Douglas. 
This trail left the Fraser at Harrison River, crossed Harrison 
Lake, then ran by road over the Birkenhead Portages, "and thence 
via Lake Anderson-Seton to the crossing of the Fraser at the point 
where the village of Lillooet was afterwards founded". 38 This trail 
cut off the worst part of the Fraser rapids, and it is interesting 
to note that the road from the head of Harrison Lake was largely 
constructed by the miners themselves, five hundred of whom 
volunteered for this service. So valuable was this new trail that 
to it Anderson claims that "the whole after progress of the Colony 
may be attributed ". M After the construction of the road along 
the Fraser, the Harrison-Lillooet trail was practically abandoned 
but not before it had done much for the opening up of the new 
colony. 

During 1858 the centre of mining activities was between Hope 
and Yale. By 1859 it had shifted north to between Lytton and 

^Anderson, North-West Coast, p. 45. 
^Anderson, North-West Coast, p. 46. 



356 THE CANADIAN HISTORICAL REVIEW 

Lillooet, and by 1860 and 1861 the chief claims were being staked 
in the new Cariboo gold-fields. The bulk of the mining popu- 
lation very naturally shifted north during these years. In Sep- 
tember, 1858, there were, according to Douglas's estimates, 30 
3,000 miners between Hope and Yale, of which 2,000 were at or 
near Yale, and there were 10,000 in the whole colony. 31 In 
October, 1859, the mining population between Hope and Yale had, 
according to Douglas's report, 32 fallen to 600 persons. Over 800 
were to be found in the region between Yale and the Fountain, 
while about 1,000 men were working the claims between Alexan- 
dria, Quesnel and Fort George, including the Quesnel River. 
Later on in 1860 and 1861 occurred the great rush to the Cariboo, 
which proved to be the real El Dorado of British Columbia. 

Such was the extent of the new colony, a long ribbon of mining 
camps stretching from the lower bars of the Fraser to the creeks 
of Cariboo. It was essential that some form of stable government 
be established as soon as possible. Even before the British House 
of Commons in August, 1858, had passed the Act creating the 
crown colony of British Columbia, the miners in the vicinity of 
Yale, mindful of the procedure in the California camps, had, in 
July, set themselves to law-making. A "Miners' Meeting" was 
held, which proceeded to legislate against the sale of liquor without 
a license and the sale of fire-arms to the Indians. 33 This meeting, 
irregular as it was, may be claimed as the first instance of repre- 
sentative government in the mainland of British Columbia. 

But Governor Douglas was already making plans for the 
government of the mainland. In June, 1858, he had appointed 
Richard Hicks as revenue officer at Yale, George Perrier as justice 
of the peace at Hill's Bar, and O. Trevillot as revenue officer at 



B. C. Papers, Pt. II, pp. 5-6, Douglas to Lytton. 

"This was only one-third of the number present in July, 1858, the high-water mark 
of the gold rush. Macdonald (British Columbia and Vancouver's Island, p. 80), gives the 
following figures as estimates of the mining population in British Columbia: 
White population in 1858-17,000 
" 1859- 8,000 
" 1860- 7,000 
" 1861- 5,000 

"Of these", he adds, "about a sixth are British subjects, either from the Mother-country 
or the provinces". 

K B. C. Papers, Pt. Ill, p. 67, Lytton to Newcastle. 

33 Cf. Howay and Scholefield, British Columbia, II, 33, quoting the Victoria Gazette, 
Aug. 4, 1858. 



357 

Lytton. 34 These appointments were duly confirmed by Lytton 
in his despatch of August 14, 1858, 35 as was also that of Mr. Young 
as gold commissioner. The Home government was, however, 
by no means ready to give Douglas too free a hand in the appoint- 
ment of officers for the new colony. Lytton states in the same 
despatch that he proposes sending out a collector of customs, and 
also a judge, who was afterwards to hold the office of chief justice 
in the colony. To preserve order among the gold-camps it was 
proposed to send out 36 "an officer of the Royal Engineers (probably 
a Field Officer with two or three subalterns) and a company of 
Sappers and miners, made up to 150 men, non-commissioned 
officers and men". These engineers were to play a great part in 
the development of the new colony. 

Before the Royal Engineers arrived, as they did in October and 
November, 1858, 37 James Douglas had received his commission as 
governor. It was not before the time, since he had already been 
forced by circumstances to assume that role. At the end of 
August, 1858, he left Victoria, and he arrived at Fort Hope on 
September 1. There he found considerable excitement on account 
of Indian troubles. The miners and the Indians had clashed, 
and blood had been shed. Douglas at once proceeded to enforce 
law and order. He issued a proclamation forbidding the sale of 
liquor- to the Indians, and proceeded to appoint officers of the 
peace. At Yale he reduced the price of flour from $13.00 to 
$10.50 a barrel, and other goods in proportion, and guaranteed 
to the miners that the price would not be over $11.00 a barrel 
during the coming winter. 38 

At the same time he appointed three commissioners to try 
one William King on a charge of murder. There was as yet no 
judge in British Cloumbia, and so Douglas took upon himself 
authority to set up a court. The prisoner was convicted for man- 
slaughter, but afterwards escaped. Law and order were vindi- 
cated, although the legality of the court can be questioned. 

At length Douglas's commission arrived, and it seemed ad- 
visable to him to pay an official visit to the new colony and to 

"These appointments, and especially that of Hicks, were vigorously attacked by 
Amor De Cosmos in the British Colonist. Hicks seems to have been none too honest in 
the discharge of his official duties. 

35 Lytton to Douglas, B. C. Papers, Pt. 1, p. 47. 

36 Lytton to Douglas, B. C. Papers, Pt. 1, p. 44. 

37 Howay, The Royal Engineers in British Columbia, p. 2. 

3 *B. C. Papers, Pt. II, p. 5. 



358 THE CANADIAN HISTORICAL REVIEW 

inaugurate formally the government of British Columbia. This 
was accordingly done. On November 16, 1858, the governor, 
accompanied by Rear-Admiral Baynes, David Cameron, chief 
justice of Vancouver Island, Matthew Bailey Begbie, the new 
judge of British Columbia, and Captain Parsons, with a detach- 
ment of the Royal Engineers, left Victoria. Three days later, 
on November 19, 1858, the inaugural ceremony took place at New 
Fort Langley in the rain. The governor's party landed from the 
historic Hudson's Bay steamship Beaver. A salute of eighteen 
guns was fired, and the Union Jack run up. The governor de- 
livered his commission as judge to Begbie, and then read his own 
commission as Governor. Judge Begbie next administered the 
oaths of office and allegiance, and Douglas read a proclamation 
dated November 3, 39 "revoking the Hudson's Bay Company's 
license of exclusive trade with the Indians so far as the new colony 
was concerned ". This was followed by three other proclamations. 
This first announced the Act for the government of British 
Columbia. The second indemnified the governor and all persons 
for all acts done prior to that date. The last declared that the 
civil and criminal laws of England, as they then existed, should be 
enforced in the colony. 

Thus the colony of British Columbia was finally launched, 
and its government made legal. After some delay the site for the 
new capital was picked, and the name New Westminster bestowed 
upon it by Queen Victoria. In the foundation of the capital and 
in opening up the country generally, the Royal Engineers played 
an heroic part. The great Cariboo waggon-road was constructed 
and other roads were pushed into the interior. A legislative council 
was created, and did its part in advising the absentee governor, 
for Douglas still continued to reside in Victoria. Even a mint 
was established, although the. gold struck was never put into 
circulation. 

Douglas remained governor of British Columbia until 1864, 
when his term expired, and he was succeeded by Governor Sey- 
mour. It had been decided to appoint separate governors for 
the two colonies. Douglas's regime had extended from the foun- 
dation of the colony until a time when it was well on the way to 
prosperity. His firm hand had guided the helm of state through 
treacherous waters, and to him British Columbia owes much. 
Yet he was never very popular on the mainland during his ad- 

M Howay and Scholefield, British Columbia, II, 54. 



THE GOLD COLONY OF BRITISH COLUMBIA 359 

ministration. One reason was his continued residence in Victoria. 
The mainland colony desired a resident governor. Another 
reason was his rather unbending character. Bancroft records 
that in Victoria he was usually followed by a guard in uniform. 
This touch was typical of him. It was suited to an old colonial 
governor, but was out of place in a rising young democracy such 
as the Gold Colony was rapidly becoming. 

WALTER N. SAGE 



NOTES AND DOCUMENTS 



EYE-WITNESSES' ACCOUNTS OF THE BRITISH REPULSE AT 

TlCONDEROGA 

The two letters which follow are of interest in that they give 
an account of the British repulse at Ticonderoga in July, 1758, 
written immediately after the event by officers who had taken 
part in the battle. The letters do not throw on the engagement 
any new light, but they make the light a little brighter, and the 
views of Abercromby's ineptitude which have been adopted by 
most historians are confirmed. The disaster was directly due, 
first, to Abercromby's lack of reconnaissance, and secondly, to 
his failure to use his artillery, which could have enfiladed the 
French stockade from its position on Mount Defiance, and rendered 
it untenable. In fact, if Montcalm had intelligence of the posses- 
sion of artillery by the British, his taking up the position he did 
was an error which would have cost him dear had he been opposed 
by a better general than Abercromby. 

The letters are preserved in the MSS. Department of the 
British Museum (Add. MSS., 21,643), and form part of the 
Haldimand Bequest (1857). The first letter is addressed to 
"Francis Halket, Esq., Brigade Major at Carlisle", and is en- 
dorsed in another hand, "Letter to Major Halkett concerning 
the repulse at Ticonderoga". The second letter is addressed in 
the same way, with the addition of the word "Express". > 

The sender of the letters, Alexander Colden, was probably 
the son of Cadwallader Colden, lieutenant-governor of New 
York, 1761-1776, and brother of the David Colden who is found 
writing to General Haldimand on August 10, 1783, introducing 
and recommending his nephew, Stephen De Lancey, on the ground 
of his father's friendship with the general. 

C. E. LART 



360 



THE BRITISH REPULSE AT TICONDEROGA 361 

[Transcripts] 

(1) 

From New York 

July 17, 1785. 

To Major Halket, Brigade Major, Carlisle. 
Dear Sir, 

No doubt by the time this can reach you, you'll have heard of the 
repulse of our Army at the French entrenchments before Tieconderoga. 
I have not time to collect all the Particulars, but send you a Copy of 
two letters which are as particular as any I have seen : they were wrote 
to Dr Midleton who desires his compts to you, and has given me leave 
to copy them for your perusal. 

"Lake George. 10 July, 1758. 

"The 5th inst. the whole army embarked on board Battoes, and the 
6th in the morning landed without oppn. at the French advanced guard. 
The same day in the afternoon as our army was advancing to Tieconde- 
roga our advanced guard was attacked by 350 of the enemy, few of 
whom escaped to carry intelligence back. 140 of the party was killed 
on the spot, and 152 was taken prisoners: our loss in this attack did 
not exceed 30. Unfortunately the brave Lord Howe was killed in the 
beginning of this brush. Our army got dispersed in the woods in the 
pursuit, therefore it was thought proper to return to the place where 
we first landed. There we was all right. Next morning the 7th at 
Day Light the whole army marched, and in the afternoon took possession 
without opposition of the French 2nd advanced guard at Mills [sawmills 
on the river]. The morning of the fatal 8th, Broad Street with an engineer 
was sent to reconnoitre the French Lines: they soon returned with the 
following account That the enemy was encamped on rising ground 
about \ mile from the Fort, but not fortified, only a few Logs laid one 
on another as a breast Work. 

"Upon this Intelligence it was thought proper to attempt storming 
the enemy lines, without loss of time, and immediately the whole army 
marched and began the attack about 9 o'clock a.m. I have not time to 
give you the order of battle: let it suffice that our army was repulsed 
thrice and as often returned to the charge in the space of 4 hours. They 
were obliged to retreat at the last with the loss of 2000 of our best men 
and officers. This is only my own opinion, no return being made as yet. 
Our Intelligence was bad, for the French had a regular entrenchment 
faced with logs; their trench 20 ft. broad, and parapet in proportion. 
No Regiment has suffered so much as the Highlanders, part of which 
got upon the top of the French Lines every time an attack was made, 






362 THE CANADIAN HISTORICAL REVIEW 

and drove the French from where they entered, but not being properly 
supported they were as often cut off as they entered. As a return is 
not made I am not able to give you a list of the officers killed and 
wounded, only that every officer of distinction, except the two generals 
Abercrombie and Gage are either killed or wounded. 

"Those whom I know to be wounded are Coll. Grant, Major Campble, 
Capt. Murray, Cpt. Graham, every field officer in Lord Howe's Regt. 
killed: there are many more, but I have not time to enquire in short 
every regular regt. in the field has suffered so much that I don't think 
anything more can be done this Way this campaign altho I am pretty 
certain Tieconderoga will be tried once more." 

I can't copy the other letter but shall send it next Post; the express 
is ready to set out, and I am loth to loose the opty of sending this by him. 

I am, Dr Sr, most obedy 

and very obliged humble servt 
ALEX. COLDEN 



(2) 

New York. July 17, 1758. 
Dr Sir, 

I just now finished copying one letter which [I] have sent by the 
Express, as the Tide will not admit of his crossing the Ferry. I shall 
endeavour to send you a copy of the other letter by this Express men- 
tioned in my former. 

"I just arrived at the army time enough to have a share in the 
misfortune of the 9th. Oh! what a glorious prospect on the morning 
of that Day, after we had beat all their out Posts, and taken so many 
prisoners. We had nothing in view but Glory and Victory with[in] 
sight of the French Fort, and yet by experience I to my grief find how 
little dependence one must make: all worldly expectations in short is 
all a chimera: by attacking a French intrenchment without Cannon, 
we lost all our fine views: however I hope we will soon have at them 
again. Never was there in the World troops behaved with greater 
coolness and resolution than ours in spite of all their disadvantages, nor 
never was there in the World such a piece of ground to fight on. It 
was so very bad that after we were within gun shot the enemy might 
easily fire 10 Rounds before we got up the length of their Intrenchments 
and that in the face of such a fire of small arms, Wall pieces, and musquets 
as I never saw before (and I think I have seen the smartest that happened 



363 

all last war) but alas after we came to the trenches we found them above 
6 ft. high without a possy of getting in, and so had the same fire to stand 
in coming back 

This work might have lasted about 4 hours during which time the 
six Regular Regiments lost 1526 men besides 97 of our best officers 
killed and wounded. I am far from being surprised that we lost so few 
[many?] for such a damnable fire no man in this army ever saw before : 
the provincials lost very few. Except the York Regiment who lost 
some; true indeed the Provincials never were engaged. They came up 
to sustain us, but they began to fire at such a distance they killed several 
of our men, and yet upon the whole they behaved extremely well. Our 
Principal Officers lost are Ld Howe, Coll. Beaver; Coll. Donaldson; 
Major Rutherford; Major Proby, Well, we are beat, but I hope will 
soon have at them again. Lord Howes death was a bad affair, but he 
exposed himself too much. We'll wait here at the Lake till there are 
some officers made, the Distruction of them is so great that we have 
not officers to do Duty in the Line. And then have at the Dogs again. 
The Engineer Clark is in a dying condition. The first Brigade is most 
terribly shattered as you may see from Lord John Murray's Highlanders, 
who were the first Regiment of that Brigade. 

"The Indians we had with us who viewed the affair at a distance, 
allowed us much more bravery than the French, but say we are not half so 
cunning. We breath nothing but revenge. A flag of Truce going 
tomorrow to Tieconderoga. 

"Lake George. 12th July." 

I am, dear Sir, 
Yours, etc. 

ALEX. GOLDEN. 



THE PETITION OF THE CITY OF QUEBEC TO QUEEN 
VICTORIA IN 1857 

THE curious document now printed here may be unique as well 

* as hitherto unpublished. The existence of the present copy 

was not known to any of the principal authorities concerned Mr. 

H. J. J. B. Chouinard, the city clerk of Quebec; Mr. Pierre Georges 

Roy, the new provincial archivist; and Dr. A. G. Doughty, the 



364 THE CANADIAN HISTORICAL REVIEW 

Dominion archivist. Of course, the copy sent to Queen Victoria 
may be among the imperial archives. But, if so, its position 
seems to be unknown. The present copy was, apparently, the 
only one kept in Quebec, where it was found among the effects of 
the late Lieutenant-Colonel Frost Wood Gray, whose step-father, 
Dr. Joseph Morrin, was mayor at the time it was drawn up. It 
bears Morrin's own signature as well as that of Francois-Xavier 
Garneau, who was then city clerk. Whether Garneau was or 
was not responsible for the wording is more than we can say. 
Perhaps this was composed by Morrin, who founded Morrin 
College, where the library of the Literary and Historical Society 
of Quebec has so long been housed. 

It is written in a beautiful "Italian" hand, on light blue, 
unruled, folio paper, 13 inches by 8. It occupies 12 pages or 3 
sheets; and is tied with half-inch, dark blue, silk ribbon. The 
paper bears, of course, the city's seal. It is in fairly good order; 
and has now been filed among the provincial archives in the 
parliament buildings at Quebec. 

Certain extracts recently appeared in a press article on the 
new Provincial Archives. But, so far as can be discovered, the 
whole wording has never been printed verbatim till to-day. 

It speaks for itself, and most emphatically too, the trumpet 
giving no uncertain sound. From Jacques Cartier to Wellington 
all the best witnesses are called to give their evidence in favour 
of Quebec as a strategic centre of Canadian and imperial power. 
The incontestable advantage of having a seaport for the new 
Canadian capital is duly pointed out. But the rival port of 
Montreal is given several sharp backhanders to put it in its proper 
place. The idea of an American army walking into Montreal by 
way of the (then future) Victoria bridge is a quaint exaggeration. 
But the strategic danger of southern Ontario is not inaptly des- 
cribed; though, happily enough, the flanks are threatened now by 
friends, not foes. The "illimitable" West is effectively brought 
in with a quite prophetic touch. But Quebec's old rival, Montreal, 
has tapped the "products" here so hopefully foretold. 

On the whole, in spite of its shortcomings, and of its perhaps 
excessive zeal, this "Memorial" is not unworthy of being classed 
among those documents which throw a most illuminating side- 
light on a vexed question of prime importance to the state. 

WILLIAM WOOD 



THE PETITION OF THE CITY OF QUEBEC 365 

[Transcript] 

TO THE QUEEN'S MOST 
EXCELLENT MAJESTY 

YOUR MAJESTY having graciously been pleased to accede to the 
request of Your Majesty's loyal people of Canada, praying that Your 
Majesty would select from among the Cities of this Province the place 
for the future seat of Government and Capital of this flourishing and 
important part of Your Majesty's dominions, the Mayor, Councillors 
and Citizens of the City of Quebec, beg leave to approach Your Majesty 
with the fullest reliance upon Your Majesty's wisdom and regard for 
the interest of this Province and to lay before Your Majesty a statement 
of the grounds on which they found the hope that the ancient City of 
Quebec may be honoured by Your Majesty's selection, as the future 
Capital of Canada. 

THE CHOICE of the Capital of a Country is a subject of the very 
highest importance, involving in almost all cases the destiny and great- 
ness of a people. Accident has in some instances determined the selec- 
tion, but generally a City has owed this distinction to the advantages 
of its situation for the purposes of Commerce and navigation and, above 
all, for the defence of the Country and the facility of communication 
and supervision over all parts of the Subject territory. 

THE NATURAL features of a country generally point out of them- 
selves the place possessing these advantages of position. So true is this, 
that almost all the first towns founded by Europeans in both North 
and South America, have ultimately become the Capitals of their 
respective provinces. 

THE FIRST Europeans who ever visited Canada, located themselves 
at Quebec. Although at a distance of 360 miles from the gulf of St. 
Lawrence and of more than 800 from the Atlantic, no other point, 
between Quebec and the sea, offered to the first Colonists of Canada, 
such a striking position as to induce them to form a permanent estab- 
lishment. The wisdom of their choice has never since been questioned. 
A Governor of Canada, the Count de Frontenac, wrote to the Minister 
at the Court of France in 1672, "Nothing struck me as so' beautiful and 
grand as the location of the town of Quebec, which could not be better 
situated even were it to become, in some future time, the Capital of a 
great Empire." 

IT is a frequent practice at the present, for some persons to speak of 
Quebec, as though it was situated at one extremity of the Province and 
on the margin of the sea, but this, as we have just seen, is an altogether 






366 THE CANADIAN HISTORICAL REVIEW 

\ 

erroneous impression. The situation of Quebec is far in the interior of 
the Country and if renowned as a sea port, it is that the town is situated 
on one of the greatest rivers in the world, a river whose waters bring 
to her door the largest vessels of the Ocean. 

IT WAS this interior and commanding situation and this vast and 
capacious port, which drew from the Count de Frontenac an expression 
of his opinion that Quebec was formed by nature to be the Capital of a 
vast Empire. 

INDEED, there is a striking resemblance in point of situation between 
the Cities of Quebec and London, the respective geographical limits of 
Canada and Great Britain being considered. The situation of London 
as a Capital, has never been condemned. On the contrary it is believed 
that the commercial and maritime greatness of England, arising out of 
her insular position, is due in a great measure to the situation of the 
Capital on a sea port, and where the Government and the Legislature 
had offered to their constant observation the importance of commerce 
and navigation, as the source of wealth and power. 

PETER THE GREAT, when in England in 1698, impressed by these 
considerations, decided upon the abandonment of Moscow as the Capital 
of his Empire, and the founding of St. Petersbourg on the shores of the 
Baltic where the seat of Empire has ever since remained. Yet St. 
Petersbourg is 13 degrees further North than Quebec. 

WHILE IN point of maritime situation the City of Quebec is incon- 
testably the first City of Canada, it is placed in the centre of a vast 
and fertile district, whose mineral and agricultural wealth and facilities 
for the establishment of manufactures, yet in their infancy, promise at 
no distant period, to 'place the City in the very first rank as to popu- 
lation and resources, an increase which would be much accelerated by 
the impulse which would be given by the possession of the seat of Govern- 
ment. 

IN DETERMINING the question of the policy of government as respects 
the future development of British America must also be kept in view. 
The ever increasing power of the United States necessarily points to 
the federal union of the British Provinces under the protection of Eng- 
land, as a measure which will ultimately become necessary. England 
herself is interested even in view of her European policy, that a power 
should exist on this continent, to counterbalance that of the Great 
American Republic, in imitation of the European system. With this 
prospect in view, the choice of a capital for Canada could not possibly 
be uninfluenced by so important a consideration, and in the event of 
such a union, Quebec would be not only the most accessible from the 
sea, but the most central city of British America. 



THE PETITION OF THE CITY OF QUEBEC 367 

THE DUKE of Wellington himself observed that the whole of the 
British North American Colonial System depended upon the possession 
of Quebec, and indeed, Quebec is the strong hold of Canada, and history 
has proved, over and over again, under the French as under the English 
rule, that the possession of Quebec is always followed by that of the 
territory composing the British Provinces. Chosen in 1535 by Cartier, 
in 1608 by Champlain, the Promotory of Cape Diamond has ever been 
regarded as the key of the country, and on all occasions the fate of the 
Province has been decided under the walls of Quebec. 

OF ALL the towns of Canada also, Quebec is the least exposed to 
attack from the Americans and the easiest of access to succour from 
England. It is remote from the frontier of the United States and pro- 
tected by the river St. Lawrence on whose left bank it is built. It is 
well known that Canada is bounded throughout its entire length on 
the South, by the United States, who have the superiority on Lakes 
Ontario, Erie, Huron, and Superior, and that the most flourishing part 
of Upper Canada lies in an angle between those Lakes exposed to attack 
from all of them. The numerical Superiority of the United States over 
Canada would permit any skilful commander to cut off the communica- 
tion with the interior at any point between Montreal in the East and 
Lake Superior in the West. In the last war the Americans burnt Toronto 
and marched as far East as the Cedars, within thirty miles of Montreal. 
Toronto and Kingston are immediately contiguous to the United States, 
exposed to the cannon of their ships, while they are also liable from that 
contiguity and close intercommunication with the Republic to imbibe 
political opinions adverse to the integrity of the Empire. 

BUT IT is not merely as a fortified city that Quebec has exercised 
such an important influence on the fortunes of Canada, its adaptation 
to the peaceful purposes of commerce also render it a place of the first 
rank and importance. At Quebec, the navigation of the largest class 
of vessels terminates, and at Quebec the inland navigation commences. 
The port is accessible to ships from sea, long before any other place, 
as was strikingly exemplified this year by the arival of the "City of 
Toronto" from Glasgow at Quebec, on the 20th of April, when the St. 
Lawrence above Quebec, was frozen over as far as Montreal, and in- 
accessible to navigation. Whatever may be the present course of trade, 
the time is fast approaching, when the products of the Great West, 
illimitable in amount, will come to Quebec by river, Canal and railroad 
as to a common centre of export to Europe. 

AMONG THE Cities of Canada, Montreal might have some claim to 
enter the list with Quebec, but since railroads have shortened the distance 
between these two Cities to a few hours, the advantages which its more 



368 THE CANADIAN HISTORICAL REVIEW 

western situation might impart to Montreal are more than counter- 
balanced by its want of defences in case of war, and its exposure to an 
American army, which could penetrate without obstruction into its 
streets, and all the more easily when the Victoria Bridge is finished. 

THE TOWNS OF Montreal and Kingston have successively been 
selected as the seat of Government, but have successively been aban- 
doned, after the experience of a few years, while in the Session of the 
Parliament of Canada, held at Toronto in 1856, the Governor General, 
the Ministers of the Crown, and a majority of the Representatives of 
of the people, by a solemn vote, decided in favour of the City of Quebec, 
and appropriated the monies necessary for the erection of a house 
of Parliament, and it was only the defeat of this measure by the Legis- 
lative Council, by a questionable exercise of power, which rendered it 
necessary to adopt other means for the solution of this important ques- 
tion. 

YOUR MAJESTY, in your choice, governed by a regard for the general 
interests of Canada and of the British Empire will feel the importance 
of these influences which tend permanently to connect Canada with 
England as an integral portion of the Empire, and in this view, the 
City of Quebec may point to the tried fidelity of Her Citizens, who 
when the English rule was menaced in America in 1775, in 1812, in 
1837, rallied in defence of the Government, their peaceful and hospitable 
character, the harmony in which the two races destined to occupy 
the banks of the St. Lawrence, here live together, and the familiar use 
of both languages prevalent in Canada. Besides these considerations, 
Quebec may boast of the salubrity of its climate, the beauty and grandeur 
of its site, the extent and safety of its harbour, its fortifications, its 
impregnable Citadel, its historical associations, all of them incidents 
which impart dignity to power. For 230 years Quebec was the Capital 
of Canada, during this long period fifty three Governors here successively 
took up their residence; none of these ever expressed a wish to transfer 
the seat of Government from its original position. 

THE QUEEN'S MOST EXCELLENT MAJESTY'S 
LOYAL AND DUTIFUL SUBJECTS, 

JOS. MORRIN, 

Mayor of Quebec. 
F. X. GARNEAU, 

City Clerk. 
Quebec, 25th May 1857. 



REVIEWS OF BOOKS 



The Norse Discoverers of America: The Wineland Sagas translated and 
discussed. By G. M. GATHORNE-HARDY. Oxford: At the Claren- 
don Press. 1921. Pp. 304. 

OF the making of books about the Norse voyages to America there 
would appear to be no end. Even within the last ten years a whole 
literature has appeared about the subject, beginning with Nansen's 
In Northern Mists (1911), and including such important studies as 
Babcock's Early Norse Discoveries in America (1913), Hovgaard's The 
Voyages of the Norsemen to America (1915), and Steensby's The Norse- 
men's Route from Greenland to Wineland (1918), not to mention lesser 
studies by Finnur Jonsson, Neckel, Kolischer, Bruun and Fullum. By 
these writers the most diverse views have been advanced. Dr. Nansen 
contended that the mythical element in the sagas was so great that 
they could be relied on only as proof of the bare fact of the Norse visits 
to America; whereas most of the subsequent writers have placed so 
great a reliance on the details of the sagas that they have endeavoured 
by means of them, to determine the exact course of the Norse voyages, 
and the exact location of the places at which the Norsemen landed, and 
in nearly every case the conclusion arrived at has been different. There 
has been profound disagreement even as to the comparative value of 
the source-material of the sagas: some writers have considered the 
Saga of Eric the Red as having the greater authority, others have 
championed the claims of the Flatey Book. Far from solving the 
problem of the Norse voyages to America, it might almost be said that 
each fresh commentator has provided new material for controversy. 
And now comes Mr. Gathorne-Hardy's The Norse Discoverers of America, 
in which views are presented which are different, in part, from any 
that have been advanced hitherto, and which deals with the whole 
subject de novo. 

The subject is not one for the layman. It demands a combination 
of qualities, a variety of expert knowledge, which few people possess 
a familiarity, for instance, with Icelandic language and literature, with 
the history of mediaeval navigation, with North American geography 
and ethnology, even with North American botany. At one point 

369 



370 THE CANADIAN HISTORICAL REVIEW 

astronomical calculations of a very complicated nature become necessary. 
For dealing with all these branches of the subject, Mr. Gathorne-Hardy 
appears to be equipped at least with a sufficient knowledge. He 
apologizes, it is true, for his interpretation of a runic inscription on the 
ground that "it is perhaps rash for an amateur to criticize the inter- 
pretation of an expert" (p. 285, n.); but it is clear that his apology is 
hardly necessary. His study of the subject had already extended over 
a number of years when the war interrupted it, and since that time he 
has been able to familiarize himself with the considerable literature of 
the subject which appeared during the course of the war, though it 
must be confessed that this literature has not greatly altered his con- 
clusions. Among English-speaking writers there would appear to have 
been few who have approached this difficult and tantalizing question 
better equipped than Mr. Gathorne-Hardy. 

His method of handling the subject has the merit of originality. In 
the first part of the book he has presented, in translation, a consecutive 
narrative frequently of a composite character drawn from the three 
versions of the story contained in the Flatey Book, the Saga of Eric 
the Red, and the Hauk's Book. Then he has discussed the nature of 
the evidence and the historicity of the story in its main features. Finally, 
he has attacked in detail the problems to which the narrative of the 
sagas gives rise. 

The conclusion to which he comes is that the sagas are, apart from 
some interpolations and corruptions, on the whole trustworthy historical 
narratives, and that it is possible to reconstruct the Norse voyages to 
America in their general features. He believes and his argument has 
often a most plausible ring that Helluland was Newfoundland, that 
Markland was Nova Scotia, and that Vinland was situated about Long 
Island Sound. He identifies Keelness as Cape Cod, and Straumsfjord 
as Long Island Sound. The arguments by means of which he reaches 
this result cannot be outlined here; but some of them have decided 
merit. In particular, his suggestion that the Flatey Book, of the author- 
ity of which he thinks highly, represents the Greenland tradition, while 
the Saga of Eric the Red represents the Iceland tradition, has much to 
commend it; and his interpretation of the meaning of the expressions, 
"Daegr sigling" (day's sailing) and "Eyktarstad" (latitude), employed 
in the saga, seems to the present reviewer extremely probable. Once, 
indeed, the vexed question of the meaning of these terms is settled 
provided always that the details of the sagas can be relied upon the 
rest of Mr. Gathorne-Hardy's conclusions follow naturally from the 
premises laid down. 

Apart from some passages in the Icelandic Annals, an Icelandic 



REVIEWS OF BOOKS 371 

geography preserved in manuscripts of the fourteenth century, and two 
Norse maps of the years 1570 and 1605, in which Mr. Gathorne-Hardy 
finds evidence of a pre-Columbian source, his argument is based 
mainly on the sagas. He makes no reference to any archaeological 
evidences found in America. Yet these exist, though not along the 
Atlantic seaboard. There seems to be no doubt that the Runic in- 
scription found on the island of Kingitorsook in Baffin's Bay is genuine; 
and there are those who believe that the rune-stone found at Kensington, 
Minnesota, is no forgery. Archaeological evidence of this sort merely 
goes to show that the Norse discoverers of America went much farther 
afield than most people have imagined, and serves to reinforce the theory 
that they might well have reached Cape Cod. 

While it cannot be said that the solution of the problem has reached 
as yet anything like finality, the opinion may perhaps be hazarded that 
Mr. Gathorne-Hardy 's book represents at least a step in advance. 

W. S. WALLACE 

The Colonization of North America, 1492-1783. By HERBERT EUGENE 
BOLTON and THOMAS MAITLAND MARSHALL. Toronto: The 
Macmillan Company of Canada. 1921. Pp. xvi, 609. 
THIS book, which "represents an attempt to bring into one account the 
story of European expansion in North America down to 1783", is 
intended as a text-book for the use of university undergraduates. It 
has black-headed subject-headings at the beginning of each paragraph, 
and at the end of each chapter there is a list of "readings". The book, 
however, will be found of distinct interest to other than university 
undergraduates. The authors, who are professors of history in uni- 
versities on the Pacific coast, have realized that the colonization of the 
New World has been treated far too often as if it were "the history, 
almost solely, of the thirteen English colonies which formed the nucleus 
of the United States"; and they have tried to correct this tendency by 
giving proper emphasis to the foundation "of the colonies of other 
nations than England and of the English colonies other than the thirteen 
which revolted". The student of Canadian history, therefore, will find 
here the story of the colonization of Canada set in its proper background, 
and will be surprised to discover into what new relief that background 
throws the story. 

It is perhaps natural that in the chapters dealing with Canada, a 
country the history of which is not apparently the special field of the 
authors, there should be some inaccuracies. The Marquis de la Roche 
brought out in 1598 to Sable Island not "two shiploads of colonists" 
(p. 85), but only one shipload. To say that in 1603 Champlain had 



372 THE CANADIAN HISTORICAL REVIEW 

already gained fame with his writings (p. 85) is to betray a familiarity 
with those writings which is lacking at any rate on the bibliographical 
side. Dollard des Ormeaux was not "a nobleman" (p. 91), and it was 
not Talon who established feudalism in New France (p. 92). Several 
names are mis-spelled: "Rezilly" for Razilly (p. 86); "Br6boeuf" for 
Brbeuf (p. 88); "Carigan" for Carignan (p. 92). It will be observed 
that these errors are selected from half-a-dozen pages; they are merely 
illustrative of errors that might be cited in other pages. One is sur- 
prised to note, also, the absence in the "readings" of any mention of 
M. Emile Salone's important treatise on La colonisation de la Nouvelle 
France, which is much more important than most of the other titles 
mentioned. 

But the value of the book for Canadian readers lies not so much in 
the chapters on Canada itself as in those dealing with the phases of the 
colonization of North America on which the colonization of Canada 
touched. Here the book will be found both useful and suggestive. 

Trailmakers of the Northwest. By PAUL LELAND HA WORTH. New York: 

Harcourt, Brace, and Company. 1921. Pp. viii, 277. ($2.50.) 
MR. HA WORTH has made several expeditions to little-known parts of 
northwestern Canada, an account of one of which was given in his On 
the Headwaters of Peace River. The present book purports to be an 
account of the history of exploration in the whole vast region of the 
Northwest. It does not pretend to be exhaustive, and criticism is 
more or less disarmed by the author's statement that it is "a book for 
boys young and old". As a matter of fact, apart from Mr. Haworth's 
account of his own expedition in 1916 to the hitherto unexplored area 
lying between the headwaters of the Peace and Laird Rivers, there is 
practically nothing in this book that was not already conveniently 
accessible in printed form. On his own expedition, which is described 
in the chapter on "Later Explorers", the author reached and photo- 
graphed Mount Lloyd George, mapped Warneford River and much of 
the East Fork of the Quadacha, discovered two new lakes and definitely 
located a third known only by Indian report, and found one of the finest 
waterfalls in the world. The story of the expedition is well told, and 
constitutes a contribution of some importance to the exploration of 
northern British Columbia. 

For the rest, Mr. Haworth devotes his opening chapter to the beaver 
and its importance in the western fur-trade and exploration. Succeeding 
chapters deal with the achievements of Henry Hudson, Samuel Hearne, 
Radisson, La V6rendrye, Mackenzie, Alexander Henry, Sir John Frank- 
lin, David Thompson, Simon Fraser, Roald Amundsen, and other path- 



REVIEWS OF BOOKS 373 

finders of the great west and the far north. Separate chapters are 
devoted to the methods of travel in the fur land, sidelights on Indian 
life, methods of hunting the buffalo, the coming of the settlers, and the 
life of the trappers and prospectors of to-day. No new light is thrown 
upon the lives of any of the western explorers, Mr. Haworth having 
apparently confined his reading to secondary sources, except in so far 
as the original narratives were available in print. Occasionally he shows 
a certain lack of familiarity with the results of historical research, but 
it is only fair to say that on the whole his book is both readable and 
accurate. On such points as the methods of travel in the wilderness, 
the problem of food supply, the trials and compensations of an explorer's 
life, the habits of the beaver, and many others, the author draws in- 
structively on his own experience. 

A short "list of books for further reading" is added, made up for 
the most part of books of travel and exploration. To criticize a biblio- 
graphy on the score of incompleteness, and particularly a list of this 
kind, is always more or less a work of supererogation. Even a short 
list, however, might be expected to include Back's Arctic Land Expedi- 
tion, Richardson's Arctic Searching Expedition and Dease and Simpson's 
Narrative, for the far north; Coues 1 's Henry-Thompson Journals, Tyrrell's 
David Thompson, Harmon's Journal, Bain's Alexander Henry, and 
Masson's Bourgeois de la compagnie du nord-ouest, for the fur-trade 
explorers; Outram's Heart of the Canadian Rockies and Palmer's Moun- 
taineering and Exploration in the Selkirks, for the mountains; and at 
least something on the beaver, such as Martin's Castorologia, Morgan's 
American Beaver, or Seton's Life Histories of Northern Animals. 

Despite these criticisms, one would like to repeat that Mr. Haworth's 
book, for the purpose it is intended to serve, is on the whole an excellent 
piece of work. L. J. BURPEE 

John Wentworth, Governor of New Hampshire, 1 767-1 775. By LAWRENCE 
SHAW MAYO. Cambridge, Mass.: Harvard University Press. 
1921. Pp. 208. ($5.00.) 

JOHN WENTWORTH, the last royal governor of New Hampshire, retired 
to Boston in the autumn of 1775, and early in 1776 to Halifax. From 
1783 to 1792 he was surveyor-general of the King's woods in North 
America, and from 1792 to 1808 lieutenant-governor of Nova Scotia 
under the nominal control of the governor-general at Quebec. He died, 
in Halifax, in 1820. Mr. Mayo's book deals adequately with his later 
activities, though stressing rather the more stirring and troublous period 
prior to the American Revolution. It is delightfully printed and 
bound, and delightfully written. 



374 THE CANADIAN HISTORICAL REVIEW 

* 

John Wentworth's character is easy to read. He was an honourable 
and upright gentleman, fond of horses and outdoor life, an energetic 
and efficient governor, more attentive to practical improvements than 
to theory. Alike in New Hampshire and in Nova Scotia he improved the 
roads, assisted the settlers, and advanced education. He was loyal to 
his Church and to his King, in his family life a pattern, generous to his 
dependents, open-handed and courteous to his friends. In New Hamp- 
shire he was one of the founders of Dartmouth College, and in Nova 
Scotia of King's College, at Windsor. His loyalty to his Church led 
him to foist on King's College a narrower charter than was the wish of 
the Archbishop of Canterbury, and his loyalty to his King led him to fill 
his Councils with his own relatives, of whose allegiance he could feel 
sure. In short, he was one of the most upright and high-minded founders 
of the Family Compact in Nova Scotia. As such he stands out both in 
his portraits and in Mr. Mayo's pages. 

The sketch of him given by Mr. E. I. Carlyle in the Dictionary of 
National Biography states that in New Hampshire he "abolished the 
paper currency, a relic of the French war"; and that in Nova Scotia 
" toward the end of his government he was involved in several differences 
with the Assembly". The former action of the governor I have not 
verified; but the latter statement is certainly correct, and is found in 
every history of Nova Scotia. It is a pity that neither fact is mentioned 
in Mr. Mayo's charming book. 

W. L. GRANT 

The Parish Register of Kingston, Upper Canada, 1785-1811. Edited, 
with Notes and Introduction, by A. H. YOUNG. For the Kingston 
Historical Society. Kingston, Ontario: The British Whig Publish- 
ing Co. 1921. Pp. 207. 

The Revd. John Stuart, D.D., U.E.L., of Kingston, U.C., and his Family: 
A Genealogical Study. By A. H. YOUNG. Kingston: Whig Press. 
[1921.] Pp. 64. 

THE first of these volumes, the parish register of Kingston, contains in 
the usual form, a record of baptisms, marriages, and funerals at St. 
George's Church during the incumbency of the Rev. John Stuart, D.D., 
as rector. While not entirely complete, the official and historical value 
of the record is considerable, and in Professor Young's capable and tire- 
less hands the formal lists of names yield material of varied and, often, 
of unexpected interest. 

By repute descended from a branch of the Scottish royal family, 
Dr. Stuart's father, a staunch Cameronian Presbyterian, left Tyrone 
Tir-Eoghain in Ireland, with other Ulster Scots, in search of religious 



REVIEWS OF BOOKS 375 

freedom, and settled in Pennsylvania, where in 1740 John Stuart was 
born. He graduated at the College of Philadelphia, and in 1770 was 
ordained a priest of the Church of England by the Bishop of London; 
on the recommendation of the clergy of the province of Pennsylvania, 
and becoming a missionary to the Mohawks won the friendship of 
Sir William Johnson and of his son, Sir John, whose patronage proved 
beneficial later on. After serious harassment from the revolutionists, 
Stuart crossed to Canada in 1781, and after labouring for a time at St. 
John's and Montreal, settled in 1785 at Kingston. His pastoral duties 
extended from the eastern boundary of the province to Niagara Falls, 
and beyond, and names of persons resident on that long stretch of water 
front are recorded in the register, some of them those of men prominent 
in the affairs of the province. This fact gives exceptional interest to 
the book. For instance, the beginnings of the "Family Compact "- 
the true character of which, by the way, has scarcely been done justice 
to by historians are traceable in the relationships recorded, as are those 
of the Jones, Gamble, Geddes, Smith, and Allan families. It is also 
shown that, contrary to general opinion, the loyalists were not pre- 
dominantly Episcopalian, that among them were many members of the 
other churches, and that the members of the Church of England favoured 
the establishment within the province of the Presbyterian Church of 
Scotland. The exhaustive and invaluable notes throw light on the 
unstinted provision made by the British government to the American 
loyalists who settled in Upper Canada. Many of them had lost pro- 
perty, the fortunes of war having gone against them, but the compensa- 
tion for their losses was on a scale of unprecedented generosity. The 
American loyalists suffered hardships, as loyalists mostly always and 
everywhere do, in a lost cause, but generally speaking the conscientious 
or convenient duty of the hour has not been thus often perpetuated by 
perennial eulogy. There were mixed motives on both sides, and it 
served both parties in the issue very well to have an open sanctuary 
beyond the boundary line, yet an apt question might be: what would 
have been the American loyalists' fate had Canada fallen to the United 
States? 

It is made clear that the operations of the Church of England in 
Canada were hampered by the terms of the imperial statute of 1786 
restricting the introduction of clergymen from the United States, and by 
the unfriendly attitude of Bishop Mountain with respect to the appoint- 
ment of travelling missionaries. Lieutenant-governor Simcoe's friend- 
ship for, and basic faith in, the Church of England are apparent, and 
by the Upper Canada statute of 1793, sponsored by him, this church, 






376 THE CANADIAN HISTORICAL REVIEW 

through the election of wardens, was closely linked with the municipal 
system of the province. j ( 

Not the least valuable section of the book is that devoted to the 
biographies of more than fifty benefactors to the church building fund, 
including such outstanding pioneers as Cartwright, McLean, Macaulay, 
Richardson, Grass, Forsyth, Markland, Simons, Beasley, and Robinson. 
The 1815 plan of Kingston by Thomas Ridout is reproduced to show how 
these and others took up town lots in the " Limestone City" in the early 
days. 

It was no easy task to collect the money required for building the 
church, and what seemed even then as now, in the case of voluntary 
shortage, the proper thing to do was to apply to the government for 
help. The form suggested was a grant of the King's mills in lieu of cash. 
The request was not granted, but by and by the imperial government 
assisted by a subsidy for church building in the province, and by 1811 
all debts on the Kingston church were paid off, and a small organ was 
ordered from England. The poor were constantly remembered, but 
curiously the records do not seem to note the progress of religious life 
in the young and growing country. 

Professor Young states that the editing of the Register was under- 
taken, as a by-product, so to speak, of an extended biography of Bishop 
Strachan on which he is engaged. Similarly, if the Brehon aphorism, 
"To the cow belongs her calf," may be applied to the Stuart Genealogy, 
as was done by King Diarmid in the case of Columbia . Finnan, then 
the Genealogy may be set down as the true offspring of the Kingston 
Register. Needless to say, the work is well done. The family rami- 
fications are followed with marvellous persistence and success. The 
Stuart connection with the royal Stuarts is traced by tradition to the 
Duke of Monmouth with a Buccleuch affiliation. From Dr. John Stuart 
were descended among others of prominence, the Venerable Dr. Okill 
Stuart, Sir James Stuart, Bart., the Hon. Andrew Stuart, Sir Andrew 
Stuart, Sir Arthur Campbell Stuart (Managing Director of the Times'), 
and among the descendants collateral are such well-known names as 
those of the Jones family of Brockville, Sir Allan MacNab, Bart., 
General Sir William Francis Butler, Viscount Bury (Earl of Albemarle), 
the Hon. Sir Derek William George Keppel, C.M.G., Sir Walter Beaupr6 
Townley, Sir Dominick Daly, Senator Beaubien, Aubert de Gasp6, 
Louis Arthur Audette, etc. The connection between Dr. Strachan and 
Dr. Stuart is interesting. Both set out as Presbyterians and became 
Anglicans of note; while a large proportion of their numerous descend- 
ants are members of the Roman Catholic church, mainly from the 
commingling of the Scots with the French-Canadians of Quebec. The 



REVIEWS OF BOOKS 377 

Genealogical Study emphasizes the fact that the basis of the Canadian 
population is largely a continuation of the best stock of the Mother 
Land. 

To Professor Young this work has been a labour of love, and the 
debt we owe to him is indeed great. 

ALEXANDER ERASER 

Oregon Its Meaning, Origin, and Application. By JOHN E. REES 

(Quarterly of the Oregon Historical Society, vol. xxi, pp. 317-331). 
The Early Explorations and the Origin of the Name of the Oregon Country. 

By WILLIAM H. GALVANI (Quarterly of the Oregon Historical 

Society, vol. xxi, pp. 332-340). 
The Strange Case of Jonathan Carver and the Name Oregon. By T. C. 

ELLIOTT (Quarterly of the Oregon Historical Society, vol. xxi, pp. 

341-368). 
The Origin of the Name Oregon. By T. C. ELLIOTT (Quarterly of the 

Oregon Historical Society, vol. xxii, pp. 91-115). 

IN the history of the Pacific Northwest no subject has been, at once, 
so alluring and so baffling as the origin and meaning of the name Oregon. 
It is agreed that Jonathan Carver was the first to record the word in 
its present form; but here all agreement ceases. As British Columbia 
was included within the boundaries of Oregon Territory the discussion 
of the matter has been of interest to Canadians. In Bancroft's History 
of Oregon, volume I, pp. 17-25, Mrs. Francis Fuller Victor entered at 
some length into the consideration of the source and signification of the 
word. It was the first attempt to collect and collate the references to 
the question; and so divergent were the views that in despair she wrote: 
" How Carver obtained it whether with him it was pure fiction, vagary, 
caprice, or the embodiment of a fancied sound we shall never know." 
The matter could not be disposed of in that way; it cropped up again 
and again demanding solution; the pages of the Oregon Historical 
Quarterly contain numerous contributions, whose only merit was to 
increase the existing confusion. In truth the pedigree of a name is as 
interesting and as much a field for romance as the pedigree of a person. 
Many of the suggested solutions had more of ingenuity than of sound 
scholarship to recommend them. 

Mr. Rees traces the word Oregon to two Shoshone words, "Ogwa", 
meaning water, or river, and "pe-on ", west, or river of the west. Such 
an answer to the question can not fail to "make the judicious grieve"; 
it is too palpably interpreting an eighteenth-century name in the light 
of nineteenth-century geography. Mr. Galvani is just as sure that it is 
an adaptation of the word "Aragon", which the Indians must have 



378 THE CANADIAN HISTORICAL REVIEW 

heard from the Spanish colonists who must have used it and who must 
have been located on or near the sources of the Columbia. With false 
historic premises a'ny conclusion may be reached. 

Mr. Elliott, in his first article, after indicating the unsatisfactory 
nature of the suggested origins, contents himself with a discussion of 
Carver's movements in the west and his association with Major Rogers. 
He holds that Carver either invented the word or obtained it from Rogers; 
the former being beyond his "literary or mental ability", the conclusion 
is reached that he pilfered it and changed it from "Ouragon" to its 
present form. It is maintained that the word "Ouragon", as used by 
Major Rogers, was merely the French word "Ouragan", a windstorm, 
a hurricane, or a tornado. 

In his subsequent article Mr. Elliott points out that Major Rogers, 
in August, 1765, made a proposal to the King's Privy Council in reference 
to western exploration, which contained the following statement: "The 
Route Major Rogers proposes to take is from the Great Lakes towards 
the Head of the Mississippi, and from thence to the River called by the 
Indians Ouragon, which flows into a Bay that projects North-East- 
wardly into the [Country?] from the Pacific Ocean . . ." The second 
petition, dated February, 1772, dealt somewhat more in detail with the 
intended western route. The major now proposed to travel up the 
Mississippi River to the Minnesota River, ascend that river to its 
source, portage across to a branch of the Missouri, which he would follow 
to its headwaters, and then "To cross thence a Portage of about thirty 
Miles, into the great River Ourigan; to follow this great River, through 
a vast, and most populous Tract of Indian Country to the Straits of 
Anian. . . ." Mr. Elliott marshals the facts which his researches have 
brought to light and certainly makes a strong case for his position that 
"Oregon" is Carver's adaptation of Rogers' "Ouragon" or "Ourigan". 
Although the subject has been discussed for thirty years this is the first 
real research that has been undertaken. Mr. Elliott's theory is based 
on facts, and has probability to support it; two foundations altogether 
lacking in every other suggested origin. 

F. W. HOWAY 

Boston Traders in Hawaiian Islands, 1789-1823. By S. E. MORISON 
(Proceedings of Massachusetts Historical Society, October, 1920; 
reproduced in Washington Historical Quarterly, vol. xxi, pp. 166- 
201). 

THE connection between Boston and the northwest coast of America 

began with the voyages of the Columbia and the Washington, 1787-90. 

Though other seaports in New England strove to obtain a foothold 



REVIEWS OF BOOKS 379 

Boston always retained its position as the real centre of the trade 
a trade which, untrammelled by the monopolies that hampered British 
effort, soon grew to large proportions. It spread from sea-otter skins to 
seal skins and furs of all descriptions, thence to pearls, sandal wood, 
and beche-de-mer, and in its last phases even included whaling. With 
these extensions the Sandwich Islands, as the Hawaiian Islands were 
then called, rose in importance from a mere place of refreshment to a 
source of supply of sandal wood and other articles eagerly sought by 
the Chinese. 

The romantic story of this trade its rise, growth, and decay is 
closely connected with Pacific Coast history. That story has yet to be 
written. It is to be pieced together from old journals and diaries, from 
business and familiar letters, from scattered references in the printed 
accounts of contemporary voyages, and from the fyles of the newspapers 
and magazines. It has been toyed with from the Boston side, from the 
Hawaiian side, and from the Northwest Coast side. These sectional 
views yet remain to be implemented, co-ordinated, and articulated. 

Mr. Morison's article traces in outline its gradual development and 
the corresponding rise in the importance of the Hawaiian Islands, and 
introduces the names of persons and vessels familiar to all readers of 
the history of the Pacific Coast. The inherent weakness of this trade, 
which was a mere accumulation of individual undertakings without any 
unification or amalgamation of interests, but on the contrary permeated 
with a spirit of trade jealousy, is indicated in the article and in the 
accompanying letters, but the point, which is one of the great things 
to be kept in mind in studying the maritime trade, is not laboured. 

The letters reproduced by Mr. Morison are very interesting. Though 
they do not in fact touch the British Columbia coast, they are neverthe- 
less invaluable to him who would understand its story, not only for the 
atmosphere of the time, but also for the light they throw upon the 
methods by which, and the energy with which, the trade was pursued 
the same energy and methods that made such havoc in the early sea- 
otter days and that required all the resources and determination of the 
Hudson's Bay Company to overcome. 

F. W. HOWAY 

Pacific Northwest Americana: A Checklist of Books and Pamphlets 
Relating to the History of the Pacific Northwest. Compiled by 
CHARLES W. SMITH. New York: The H. W. Wilson Company. 
1921. Pp. 329. 

THE publication of a reliable bibliography is at all times a matter of 
interest to students at large and of congratulation to scholars versed 



380 THE CANADIAN HISTORICAL REVIEW 

in the subject with which it deals. A good bibliography is both chart 
and compass: it shows how far any branch of the subject has been 
traced, and it indicates the direction to be followed by him who would 
seek the highroad, or by that other who would travel into the unknown. 
The impetus towards the study of local history which has arisen in the 
recent past has called for sectional bibliographies, in which place is 
found for material of a local and almost parochial nature, as well as for 
that which flows in the full stream of history. 

The first effort to compile any sort of a list of authorities relating to 
the Northwest Coast was made by Hubert Howe Bancroft in connection 
with his series of Pacific Coast histories. The authorities, of every sort 
and description, cited in his histories of the Northwest Coast, British 
Columbia, Alaska, Oregon, Washington, Idaho, and Montana, with 
their repeated duplications, amount to about 2,500. For nearly thirty 
years these lists were the point from which all students and collectors of 
Northwest Americana took their departure. It may indeed be said, 
with much more than an atom of truth, that the real value of Bancroft's 
histories lay in these lists, in the footnotes, and in the collection of 
original manuscripts, many of which were prepared at his instigation 
and for his works. 

In 1908 Mr. Charles W. Smith initiated a movement which resulted 
in the appearance in 1909 of a checklist of the items of Northwest 
Americana then in the thirteen principal libraries in the region formerly 
known as the Old Oregon Territory. The present work is an enlarge- 
ment and revision, also under Mr. Smith's editorship. It contains more 
than twice the number of items listed in the edition of 1909. With 
certain duly stated exclusions it lists the printed historical material of 
the country lying north of California and west of the Rocky Mountains. 
It does not include manuscripts, documents (these being listed in Bowker 
and the Monthly List of State Publications'), federal documents, periodicals 
published in the territory covered (unless mainly or wholly devoted to 
history), or maps. But even with these large exclusions it gives 4,501 
items, although it should be added that each edition of any work listed 
takes its place as a separate item. The work was co-operatively prepared 
by the staffs of the principal libraries of the Pacific Northwest. It is, 
therefore, in no sense a commercial undertaking; it is a voluntary and 
valuable professional service made available by Mr. Smith's efforts for 
all students of the history of the Pacific Coast. 

The new volume represents, or is supposed to represent, the com- 
bined resources of sixteen libraries, as against thirteen in the earlier 
edition. The Library of the Legislative Assembly of British Columbia 
and the Library of the University of British Columbia are both, we are 



REVIEWS OF BOOKS 381 

glad to say, represented. While the work does not purport to be a 
bibliography in the true sense of the word, full and accurate biblio- 
graphical details are given of every item listed, and symbols indicate 
the libraries in which they are to be found. The book is well printed 
(though in somewhat small type) and well bound, and the matter, 
generally speaking, is well arranged. When the vast number of entries 
is considered and the enormous amount of clerical work necessary to 
reduce the contributed material to order and regularity is taken into 
account one can only express surprise at the general accuracy and com- 
pleteness of the arrangement. Once or twice some slight confusion 
occurs, as in the case of the Cook items mentioned later, and in a number 
of places cross-references have been omitted. 

One half of each page is left blank for the insertion of new items, for 
notes, corrections, cross-references, and other additions, according to 
the taste and industry of the student. This was indeed a wise pre- 
caution. It will enable those interested in the history of the region to 
correct the errors inevitable in such an undertaking, to keep the biblio- 
graphy of the Pacific Northwest absolutely up to date, and thus to make 
future editions as nearly faultless and complete as such an enterprise 
can be. 

While such a co-operative work shows where the Pacific Coast 
libraries are rich, it also shows in what respects they are poor. It may 
be that Carver, whose only connection with the Pacific Coast is his use 
of the word "Oregon", is given sufficient attention, though of the thirty- 
five editions of his Travels only nine are reported. But nothing can 
justify the slight attention paid to Captain Cook. There are twenty 
or more English editions of his Third Voyage, and about a dozen each 
in German and French. He gives the first account of the Pacific Coast 
and the manners and customs of its Indians, and yet only seven English 
editions, one German, and no French are reported. Of the Anonymous 
(Rickman's) Journal, the first complete story of Captain Cook's third 
voyage, not one of the sixteen libraries reports the first edition (1781); 
one reports the English edition of 1785, and another reports one of the 
French editions of 1783; and yet there are at least seven editions. The 
Cook items have been, unfortunately, rather jumbled together in the 
checklist; under the one heading are included the Anonymous (Rick- 
man's) Journal, Ellis's Authentic Narrative of Captain Cook's Third 
Voyage, and the official, account of the voyage by Captain King, with 
its various editions, summaries, and condensations. Only one copy 
of Ledyard's Journal of the voyage is to be found in the sixteen libraries; 
it is in the possession of the Library of the Legislative Assembly of British 
Columbia. Not one of the contributing libraries reports the Crespi 



382 THE CANADIAN HISTORICAL REVIEW 

and Pena diaries, being the records of the Spanish voyage of 1774, 
which were issued in 1892 by the Historical Society of Southern Cali- 
fornia. Of Dixon again, though the two-volume French edition of 1789, 
by Maradan, is reported, no library reports the rare, wide-margined, one- 
volume edition published by Maradan in the same year. Of Meares, 
also, no library has reported the two-volume Italian edition of 1796. 
The usual editions of Vancouver, the English quarto and octavo and the 
French quarto and octavo, are reported, but no mention is made by any 
one of the sixteen libraries of the neat little duodecimo issued in 1833 by 
Lecointe, nor of the two-volume German editions of 1799 and 1800. 
So, too, with Mackenzie, neither the one-volume edition (New York, 
1803) nor the two-volume edition (New York, 1814) is reported. It is 
with pleasure that we note the extremely rare Jewitt Journal and eight 
editions of Jewitt's Narrative in the Library of the Legislative Assembly 
of British Columbia; the Newberry Library in Chicago, which specializes 
in Indian captivities, reports nine editions, but two of these at least bear 
a different title. No copy of Fanning's Voyages is reported, though the 
second book (1838) contains the whole story of Astor's ill-fated ship, 
the Tonquin, from her launching to her destruction; the account of the 
latter purports to be given by the sole survivor, the native interpreter. 
Of Paul Kane's Wanderings it is observed that the Danish edition, 1863, 
is not in any of the sixteen libraries. These remarks indicate one of 
the real benefits such a compilation confers. It is a kind of stock- 
taking. Is it too high an objective to say that within these sixteen 
libraries should be found, and be available for students, not only a copy 
of every work, but a copy of every standard edition of every work 
relating to our coast? 

With special reference to the province of British Columbia it is 
observed that some quite well-known books are omitted; there is a 
paucity of pamphlets, provincial directories, guide books, and purely 
local publications, and an omission of items relating to the Canadian 
Pacific Railway, a small library in itself. 

F. W. HOWAY 

Joint Report upon the Survey and Demarcation of the Boundary between 
the United States and Canada from the Western Terminus of the 
Land Boundary along the Forty-Ninth Parallel, on the West Side of 
Point Roberts through Georgia, Haro, and Juan de Fuca Straits to 
the Pacific Ocean. By the International Boundary Commission. 
Washington: Government Printing Office. 1921. Pp.104. 

THIS official report of the determination of the above-indicated portion 



REVIEWS OF BOOKS 383 

of the international boundary line is prepared in accordance with the 
provisions of Article VIII of the Treaty of Washington, April 11, 1908. 
The volume is well printed, well illustrated, and well bound. It contains 
the complete treaty, the appointments of the commissioners representing 
both countries, the formal agreement between them as to the manner 
of carrying out the work, an account of the field operations on both 
sides of the straits, and a detailed demarcation, with courses, distances, 
and bearings, of the tortuous water boundary through those straits. 
A fine chart, which is contained in a pocket at the back of the book, 
shows the entire boundary covered by the report and enables the ordinary 
reader to i entify readily the points and islands mentioned therein. The 
technical work of the commission has, beyond doubt, been absolutely 
accurate, but they have seen fit to include as an appendix an alleged 
account of the explorations of the Pacific Coast region of North America, 
between latitudes 42N. and 56N., prior to 1818, of which as much 
can not be said. In truth this appendix can scarcely be condemned 
too roundly or too soundly. The merest tyro in Pacific Coast history 
should blush to emit such a farrago of mis-statements. Juan de Fuca, 
who has been decently interred for at least a generation, is galvanized 
into life as a real discoverer; Captain Cook is again made to anchor 
in Friendly Cove; the East India Company's and the South Sea Com- 
pany's monopolies are again confused and confounded; Meares' crew 
still sail thirty leagues up Juan de Fuca Strait, and still find it fifteen 
leagues wide; Kendrick still circumnavigates Vancouver Island; and 
so on.. All these statements have been corrected over and over again 
in the past twenty years, yet here we find them in full vigour in a govern- 
ment publication. 

It would resemble the preparation of a catalogue to enumerate the 
other and smaller blunders, such as Fort Chipewyn, Fort James, 
Bull Finch, Cabo Fondosa, Tauchotee-Teese, William Clarke, etc., 
etc., etc. 

But what else was to be expected from a compiler who calmly 
states that he prepared in 1921 this sketch from Greenhow's Oregon and 
California (published in 1844, and as all the world knows a brief for the 
United States on the Oregon question and not an impartial history) and 
Bancroft's History of the North West Coast of America (published in 
1884)? Had more use been made of Coats and Gosnell's Sir James 
Douglas, the only other authority referred to by the compiler, some, at 
any rate, of the errors would have been avoided. This appendix should 
either be expunged or rewritten. 

F. W. HOWAY 



384 THE CANADIAN HISTORICAL REVIEW 

Correspondence of Sir John Macdonald: Selections from the Correspondence 
of the Right Honourable Sir John Alexander Macdonald. Made by 
his literary executor, Sir JOSEPH POPE. Toronto: Oxford Uni- 
versity Press, Canadian Branch. [1921.] Pp. xxvi, 502. ($5.00.) 
THE career of Sir John Macdonald is like no other in Canadian annals. 
He was the most influential figure in public life between 1847 and 1891. 
All the events of importance from the settlement of the Clergy Reserves 
to the completion of the Canadian Pacific Railway were affected by his 
political influence. He created a party out of elements the most dis- 
cordant. To force of character he added great fertility of resource. 
If this were not enough, he possessed the art of winning men over to 
his side, and by reason of the gifts of sociability and a genial disposition 
he enjoyed a boundless popularity. During the last twenty-five years 
of his life he was the centre of political activity. The correspondence 
of such a man could hardly be anything but a rich mine of information. 
The collection of letters which his literary executor, Sir Joseph Pope, 
has now given to the world is, therefore, unique and interesting. To 
part of the familiar maxim, "Never write a letter if you can avoid it, 
and never destroy one," Sir John Macdonald seems to have adhered 
literally. He kept everything. There are five hundred letters in this 
volume. Yet they form less than one per cent, of the whole corre- 
spondence. The bulk of the correspondence, we are told, must await 
another day. The present collection, which contains the more important 
documents, is of the utmost value to the student of Canadian political 
history, and will grip the attention of the general reader like a vivid 
narrative. The letters are linked together by short explanatory para- 
graphs, and there are innumerable notes, chiefly biographical. The 
editor has performed his duty with skill and his labours must have been 
onerous. 

The letters, apart from their intrinsic interest, perform a double 
service; they explain and illustrate the inner history of the period, and 
they reveal with unerring accuracy the character of the chief actor 
himself. At the outset there are fresh contributions to the question of 
Confederation. The uneasy alliance of Brown and Macdonald is 
manifest. Brown felt evidences of minor slights: "Of course it is 
painful to both of us to find ourselves in a Government with gentlemen 
who have not perfect sympathy with each other, but had you or Gait 
or Cartier been in my present case, I think I would have insisted on 
your names being referred to in the handsomest possible manner" 
(p. 16) . On many points they were at one, and the alliance was effectual, 
if uncomfortable. Neither thought an appeal to the people necessary. 
Macdonald wrote to a supporter in February, 1865: "The Confederation 



REVIEWS OF BOOKS 385 

scheme has now been before the country for some time and it seems 
to meet with general, if not universal favour. I hear of no meetings 
against it, and as yet there have been no petitions transmitted adverse 
to the policy. Under these circumstances the Government have a 
right to assume, as well as the Legislature, that the scheme, in principle, 
meets with the approbation of the country, and as it would be obviously 
absurd to submit the complicated details of such a measure to the 
people it is not proposed to seek their sanction before asking the Imperial 
Government to introduce a bill in the British Parliament" (p. 21). 
Lord Monck, the governor-general, wrote to Macdonald from London 
in October, 1865: 

I am much surprised to find how extensively but noiselessly the opinion that 
the colonies should be allowed to shape their own destinies, without interference 
on the part of the mother country, is working its way in the public mind. It is 
in our colonial policy the counterpart of "non-interference" in our foreign ad- 
ministration and derives its vitality from precisely the same set of feelings and 
motives (p. 29). 

There are no revelations respecting the London Conference where the 
measure was framed. The Union came, and Macdonald 's arts in pro- 
ducing political unity were taxed to the utmost. In a letter to Sir 
John Rose in 1872, he says: 

I am, as you may fancy, exceedingly desirous of carrying the elections again; 
not from any personal object, because I am weary of the whole thing, but Con- 
federation is only yet in the gristle, and it will require five years more before it 
hardens into bone. It is only by the exercise of constant prudence and modera- 
tion that we have been able to prevent the discordant elements from ending 
in a blow-up. If good constitutional men are returned, I think that at the end 
of five years, the Dominion may be considered safe from being prejudiced by 
any internal dissension (p. 165). 

There had now arrived the period of Sir John Macdonald 's greatest 
difficulties and sole disaster. The downfall of Sandfield Macdonald's 
coalition ministry in Ontario was the first blow. The discovery of the 
acceptance of money for election purposes from Sir Hugh Allan, head 
of the company that was to construct the Canadian Pacific Railway, 
was the second blow, and this overbalanced the Dominion government. 
The letters respecting Sandfield Macdonald are new and indicate clearly 
that his impracticable temper was the principal cause of his defeat. 
The conduct of Edward Blake, R. W. Scott, E. B. Wood, and others who 
have been aspersed in this connection, seems to have been perfectly 
correct. "Sandfield", honest, crotchetty, and tactless, brought his 
ministry to the ground. The Treaty of Washington (1871) also became 
a bone of contention. Macdonald's speech in parliament brought him 
praise, to which he was indifferent, but no votes, which he would have 
valued more. Sir Stafford Northcote wrote of the speech: "Mr. 



386 THE CANADIAN HISTORICAL REVIEW 

Disraeli, who is not lavish in such matters, says, 'very good and states- 
manlike' and that is the general verdict" (p. 170). Nothing was heard 
of the Pacific Scandal until after the elections, which were close with a 
great revival of the Liberal party in Ontario under Blake, Brown, and 
Mackenzie. The storm broke in 1873, and the letters on the subject 
are more remarkable for their revelation of Lord Dufferin's temperament 
and conduct than for additional light upon the event itself. Mac- 
donald's defence has long been before the public who forgave him 
ultimately, with what consequences to the tone of political morality 
will probably ever be a matter of dispute. 

Lord Dufferin possessed brilliant parts. His speeches are famous. 
As a constitutional governor, however, he was not to shine so con- 
spicuously, and the correspondence shows that he at first lacked prudence, 
gravity, and reserve. His advisers, it is true, were in a sad plight, and 
the attacks of the Opposition tried him sorely. What Macdonald felt, 
pressed on all sides, with frightened colleagues and supporters about 
him, and a clamorous press, must be imagined. In the main his letters 
are cool and collected. Once, in writing to his friend, Sir John Rose, 
under date of February 15, 1873, he breaks out: "Entre nous [Sir Hugh] 
Allan seems to have lost his head altogether. He has made a series of 
stupendous blunders with respect to the whole matter and the Company 
is not yet out of the troubles caused by his imprudence. He is the 
worst negotiator I ever saw in my life. He is, however, accompanied 
by John Abbott, who will endeavour to keep him right. " Lord Dufferin 
was eager to hear the debates in some concealed cage in the House. 
"You half promised," he writes, "to arrange for some little closet for 
me in the House of Commons from whence I could hear what was going 
on. I hope you will be able to see your way to gratifying my wishes 
in this respect. Considering how untrustworthy are the newspaper 
reports it is a matter of some importance that I should be able to hear 
with my own ears what passes" (p. 226). This irresistibly recalls the 
"royal lug" of King James I, which caused his dignified son Charles so 
much shame and discomfiture. Amid his other troubles, Sir John had 
to find time to meet his importunate governor, with whom he had every 
reason at the moment to stand well, by a well-reasoned refusal: 

I doubt the prudence of your being known to be present at any of the exciting 
debates that we may expect at the beginning of the session. If, as I believe, we 
defeat the Opposition on the address, they will be sulky and savage and ready 
to wreak their vengeance on everybody and everything. The burthen of their 
speeches on the Commission will be that the Crown cannot know, or ought not 
to know, what passed in the Commons; that such knowledge is a breach of 
their privileges. Now if this is said in the presence of the representative of the 
Crown actually at the moment taking cognizance of the proceedings, the temp- 



REVIEWS OF BOOKS 387 

tation to allude to such presence as a continuation of the breach, will be irresistible. 
One cannot foresee what form the allusion may take. It may be a mere notice 
that there are strangers in the gallery; it may be a direct objection to your 
presence as unconstitutional, or it may take the form of an insulting remark. 
The first supposition will clear the galleries and exclude the reporters. If the 
public are deprived of the debates thereby, the blame will be laid upon you. A 
direct attack on your presence would be very unfortunate, especially if accom- 
panied by an insult. The Crown would be brought into contempt. This would 
be discussed in the newspapers here and in England, and I fear that it might be 
said that you had brought it on yourself. The Grand Remonstrance against 
the Crown's taking cognizance of the proceedings of the House, would be quoted 
ad nauseum and Mr. Holton would wax constitutionally indignant. 
Lord Dufferin, therefore, was compelled to read the newspapers. 

Macdonald resigned without waiting for the verdict of parliament. 
It has always been said that he did so to discount an adverse vote. A 
personal letter from the governor-general, however, conveys a significant 
intimation not to be mistaken. It is kindly, but its warning is plain: 
It is with greater pain than ever I did anything in my life that I now sit down 
to write to you, but I feel it is but justice you should know the conclusions to 
which, I fear, I am being forced by a most anxious study of the evidence adduced 
before the Commission. Of course until an authentic copy of that evidence is 
placed in my hands, I am not required to arrive at a decision; it is not, therefore, 
as the Governor-General of Canada that I address you, but as a warm and 
sincere friend, desirous of putting you on your guard against eventualities which 
it is well you should provide against in time. I am the more anxious to do this 
as the friendly spirit I have evinced toward you during the course of this un- 
fortunate business may have led you to count upon my support beyond the 
point to which I might find myself able to extend it. But, however deeply I 
may sympathize with you in your difficulties, difficulties into which you have 
been drawn in a great measure by circumstances beyond your control, I shall 
be bound to sacrifice my personal inclinations to what may become my duty 
to my sovereign and this country. 

There was no other course for Macdonald than to resign. Henceforth, 
the secrets of campaign funds were more carefully guarded. In the 
same letter Lord Dufferin puts plainly the nature of the offence: 

In acting as you have, I am well convinced that you have only followed a tradi- 
tional practice, and that probably your political opponents have resorted with 
equal freedom to the same expedients, but as Minister of Justice, and the official 
guardian and protector of the laws, your responsibilities are exceptional, and 
your immediate and personal connection with what has occurred cannot but 
fatally affect your position as a minister (p. 229). 

How the fallen prime minister relished this rebuke we are not told. 
Unlike his Highland forebears, he cherished no resentments. Four years 
went by, and in 1878 Macdonald, leader of the Conservative Opposition 
in Canada, wrote to Sir Stafford Northcote, leader of the British House 
of Commons and Disraeli's colleague, urging that the British govern- 
ment ask Lord Dufferin to remain in Canada for two years longer. 



388 THE CANADIAN HISTORICAL REVIEW 

Sir John Macdonald's relationships with other public men of either 
party were remarkable. Edward Blake, -while leader of the Liberal 
Opposition at Toronto, wrote to consult him respecting legislation 
which Sandfield Macdonald was putting through. There is friendly 
correspondence between Mowat and him over the latter's resignation 
from the Bench to enter politics. Sir John disapproves, but he does not 
quarrel. The two men seem always to have been on amicable terms. 
Even in 1887 when Mowat, as chairman of the inter-provincial conference 
at Quebec, asked Macdonald for a conference respecting the action of the 
five Liberal governments, the reply was civil: "My colleagues and I 
think that perhaps it would be better that you and I should first have 
an unofficial conversation as to the utility of the proposed conference." 
An official reception never took place. The political sagacity of Mac- 
donald saw objections. Later governments took an opposite course, 
and several inter-provincial conferences have extorted better financial 
terms from the Dominion, and no one supposes we have seen the last of 
them. When Cartwright objected to Hincks as finance minister, he 
intimated his goodwill "towards yourself and the rest of your colleagues" 
(p. 100). Cartwright fell into deeper depths of hostility by the influence 
of A. T. Gait. "He [Gait] has seduced Cartwright away, and I have 
found out how it was managed. Cartwright and he formed at the Club 
last session a sort of mutual admiration society and they agreed that 
they were the only two men fit to govern Canada" (p. 128)* The 
Pacific Scandal and the resultant Conservative dtb&cle undoubtedly 
disturbed some friendships, notably those with Gait, Donald Smith, 
and others. In course of time these breaches were all healed. Mac- 
donald showed, in all cases, a readiness to be placated. His fearlessness 
is often in evidence. Sir George Stephen (Lord Mountstephen) 
threatened in 1889 a change in the attitude of the Canadian Pacific 
toward the government. Sir John replied: 

My dear Stephen, I was rather "irate" on first perusal of your note of the llth. 
The charge of unjust treatment of the C.P.R. at my hands, and from you, seemed 
to me inexplicable but an angry discussion won't help matters. I shall do my 
duty to the country according to the best of my judgment and suffer even the 
threatened hostility of the Company if need be. ... I wish you would read 
Charles Reade's novel of "Put Yourself in His Place." I am sure if you were 
one of the Ministry you would act as we are doing, but you, I fear, look only on 
matters from one point of view (p. 456). 

The railway president promised to get the book so as to learn how to 
regard things from more than one standpoint. The letter to the Duke 
of Connaught on the appointment of an imperial officer as commander 
of the militia, with its insistence on the Canadian point of view, is another 
illustration of firm but polite rejoinder (p. 475). 



REVIEWS OF BOOKS 389 

The allusions in the correspondence to Canada's imperial relation- 
ships are frequent, and some of them significant. Macdonald was an 
imperialist with the strongest bias toward Canadian self-government. 
He dealt with each issue as it arose, and was not prone to vague, general 
conclusions. Every step taken must keep in view the preservation of 
the tie. In 1871 he wrote to Lord Lisgar: " I hope to live to see the day 
when the British Empire will be considered as a unit and the inter- 
change of commodities will be as free from duties between the United 
Kingdom and its colonies as has been the case since 1800 between 
England and Ireland" (p. 156). This was, however, before Protection. 
In 1885 he outlined to Sir Charles Tupper, the High Commissioner, the 
views of the government on the question of sending Canadian troops 
to the Soudan ; the time had not yet come for volunteering military aid 
to the Mother Country; the occasion was not opportune, and Australia's 
offer was no precedent for Canada; "the reciprocal aid to be given by 
the colonies and England should be a matter of treaty, deliberately 
entered into and settled upon a permanent basis" (p. 338). As to the 
status of the High Commissioner: "We do not desire to give him a free 
hand on any subject in discussion with the Imperial Government. He 
must take his instructions from the Government here, as much as Sir 
Julian Pauncefote from Lord Salisbury, and cannot travel out of the 
four corners of any minute in which his name is mentioned" (p. 472). 
As to Imperial Federation (1888), "this is so vague a term that until 
some scheme is worked out for consideration no decided opinions for or 
against it can be framed. . . . Anything like a common legislature 
with powers in all similar to that of the British Parliament is altogether 
impracticable" (p. 422). Upon the method of selecting the governor- 
general he sent the following cable to Tupper: "XTanadian Government 
consider the present system of appointing the governor-general perfectly 
satisfactory and would greatly regret any change; reference to govern- 
ment here for nomination or approval would introduce a disturbing 
element and might eventually lead to election of governor, a change to 
be